State v. Kotarski, 11795
| Citation | 462 P.2d 873,154 Mont. 309 |
| Decision Date | 22 December 1969 |
| Docket Number | No. 11795,11795 |
| Parties | The STATE of Montana, Plaintiff and Respondent, v. Daniel R. Clark KOTARSKI, Defendant and Appellant. |
| Court | Montana Supreme Court |
PER COURIAM.
Defendant in this cause filed a petition with this Court seeking admission to bail, pending appeal, after being convicted of second degree murder and sentenced to 50 years in the Montana state prison. Argument was heard by this Court on December 15, 1969.
Under the statutes of this state, section 95-1109, R.C.M.1947, bail after conviction is a matter of discretion. In this case following the conviction, the trial court following the procedure set forth in section 95-2204, R.C.M.1947, ordered a full and complete presentence investigation and such information was available to the court at the time of sentence. This information has been forwarded to this Court for our consideration in this cause.
This Court having read the presentence report, the district court file, and after listening to argument by counsel, fails to find either facts or law that will move its discretion to grant bail pending the appeal.
To continue reading
Request your trial
-
State ex rel. Bretz v. Sheriff of Lewis and Clark County, 13095
...will not interfere. Bubnash v. State, 139 Mont. 639, 366 P.2d 867. To the same effect under the present statute, see State v. Kotarski, 154 Mont. 309, 462 P.2d 873. Petitioner Bretz argues that here there was no basis on which the judge could have exercised his discretion to deny bail pendi......