(Download) "State v. Maurstad" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Maurstad
- Author : Supreme Court of Montana
- Release Date : January 14, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Daniel Maurstad received a 129-month sentence after pleading guilty to three offenses under a plea agreement. When Maurstad negotiated the plea agreement, both he and the state assumed he would have a two-point criminal history score, which would yield a 110-month presumptive sentence. But the presentence investigation identified a prior felony conviction and corresponding probationary sentence that the parties had not taken into account. The district court then assigned two additional criminal history points--one point for the prior felony conviction and one point for custody status. After sentencing, Maurstad petitioned for post-conviction relief on the ground that he should not have been assigned the custody status point. He asked to be resentenced with a three-point criminal history score, which would reduce his sentence by a minimum of two months. The court denied relief, finding that Maurstad had waived or forfeited review by failing to object at sentencing.