 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Webb1/25/2005
98th percentile for risk for violent recidivism. Dr. Scolatti says there is no way to tell or guarantee that if released in 25 years the Defendant will be able to manage his deviant sexual behavior.
The Defendant admits to at least 3 rapes. Dr. Scolatti and earlier Mr. Silvers in 1995 indicated a long-standing sexual offense history. Dr. Scolatti rated him and the Court finds the Defendant to be a Level 3, high risk to reoffend.
The victim has suffered irreparable harm. She has been in counseling and her epileptic seizures occur more often.
In short, Mr. Webb is a guaranteed danger to society. He cannot ever be allowed on the streets again. The District Court was not convinced that Webb would ever cease being a danger to the public and observed, "This is a grave offense particularly when it is a repeated crime. It seems that a sentence of life without parole is commensurate with the gravity of this crime."
The general rule regarding sentencing is that a sentence within the maximum statutory guidelines does not violate the Eighth Amendment prohibition against cruel and unusual punishment. State v. Dahms (1992), 252 Mont. 1, 13, 825 P.2d 1214, 1221. Here, Webb's sentence is within the statutory guidelines set out in § 46-18-219, MCA. We therefore reject Webb's argument.
ISSUE FOUR
Whether the mandatory minimum sentence set forth in § 46-18-219, MCA, violates Article II, Section 28(1), of the Montana Constitution.
Article III, Section 1, of the Montana Constitution divides the power of government into three distinct branches--legislative, executive and judicial. The power scheme regarding criminal sentencing statutes is that the legislative branch enacts statutes, such as § 46-18-219, MCA; the judicial branch construes and interprets legislative acts and determines whether a particular law conforms to the Constitution; and the executive branch enforces those statutes.
It is within the province of the legislature to distinguish between criminal offenses and to establish punishments. State v. Bruns (1984), 213 Mont. 372, 378, 691 P.2d 817, 821 (citation omitted). This power to enact criminal punishment statutes "shall be founded on the principles of prevention, reformation, public safety, and restitution for victims." Art. II, Sec. 28(1), Mont. Const. The Legislature used its power to enact § 46-18-219, MCA, based upon constitutional principles and Montana public policy. We have reviewed the statute and the arguments presented by Webb and conclude there is no violation of separation of powers concerning the mandatory minimum sentence given to Webb pursuant to § 46-18-219, MCA.
The District Court is affirmed on all issues.
PATRICIA O. COTTER
We Concur:
KARLA M. GRAY
JAMES C. NELSON
JOHN WARNER
W. WILLIAM LEAPHART
|