"After apologizing for his comments, Baugh now says a two-year minimum prison sentence appears mandatory and that his original sentence appears to be illegal. On the judge’s order, Rambold was returned from Montana State Prison for a Friday resentencing hearing in Billings.
But the state already has appealed the case, and both prosecutors and the defense say only the Montana Supreme Court has the power to fix any mistakes made at the sentencing.
On Thursday, the Montana Attorney General’s Office submitted an emergency petition asking justices to block the Friday resentencing. State attorneys said the hearing would “cause a gross injustice to an orderly appeal.”
Baugh said earlier in the week that he intended to hold the hearing even if he was the only one who shows up. His office said late Thursday that the hearing would proceed.
Rambold’s attorney said in a Thursday court brief that a new sentence “will only create confusion and uncertainty for all parties.” Attorney Jay Lansing also said the original sentence — 15 years with all but 31 days suspended and a one-day credit for time served — was appropriate under the law.
Further complicating the matter is the fact that Baugh never signed a written sentencing order after making his oral pronouncement in the case during an Aug. 26 hearing. The oral order takes precedent in Montana, but the written judgment still is required.
University of Montana School of Law professor Jeffrey Renz said the prosecution and defense appear to have the law on their side in arguing Baugh’s attempt to turn back the clock on the case violates proper procedures."
http://talkingpointsmemo.com/news/judge-who-sentenced-rapist-teacher-to-30-days-will-try-to-resentence.php?ref=fpb
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