Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 9. Appellate Review of Legal Sentences
Montana Code Annotated

Mont. Code Ann. § 46-18-903 (2026)

Application For Review

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 9
  5. 46-18-903 Application for review

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 9. Appellate Review of Legal Sentences

Application For Review

46-18-903. Application for review. (1) A person sentenced to a term of 1 year or more in the state prison or to the custody of the department of corrections by a court of competent jurisdiction may within 60 days from the date the sentence was imposed, except in a case in which a different sentence could not have been imposed, file with the clerk of the district court in the county in which judgment was rendered an application for review of the sentence by the review division. Upon imposition of the sentence, the clerk shall give written notice to the person sentenced and to the person's counsel of the right to make a request. The notice must include a statement that review of the sentence may result in a decrease or increase of the sentence within limits fixed by law.

(2) The clerk shall transmit the application to the review division and shall notify the judge who imposed the sentence, the county attorney of the county in which the sentence was imposed, and the person's counsel of record. The judge may transmit to the review division a statement of the judge's reasons for imposing the sentence and shall transmit the statement within 7 days if requested to do so by the review division.

(3) The review division may for cause shown consider any late request for review of sentence and may grant or deny the request.

(4) The filing of an application for review may not stay the execution of the sentence.

History: En. 95-2502 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2502; amd. Sec. 3, Ch. 69, L. 2003.

Notes of Decisions
Cited in 30 cases (6 in the last 5 years), 1980–2025 · leading case: State Ex Rel. Holt v. Dist. Court of the Twenty-First Jud. Dist. Court of the State of Montana, 2000 MT 142 (Mont. 2000).
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State Ex Rel. Holt v. Dist. Court of the Twenty-First Jud. Dist. Court of the State of Montana, 2000 MT 142 (Mont. 2000). · cites it 56× “Issue ¶ 2 Did the Sentence Review Division properly interpret § 46-18-903(1), MCA, as excluding Holt from eligibility for sentence review because his sentence is suspended and he is not incarcerated in the state prison? Background ¶ 3 Holt pled guilty to the felony offense of…”
State v. Herd, 2004 MT 85 (Mont. 2004). · cites it 12× “Pursuant to § 46-18-903, MCA (1999), any person sentenced to one year or more in the state prison may apply to SRD for review of that sentence.”
State v. Hernandez, 2009 MT 341 (Mont. 2009). · cites it 8× “We held that if an offender is sentenced to one year or more of actual incarceration and thus is eligible for review by SRD, then we will review the sentence for legality only, but if the offender is statutorily ineligible for SRD, then we will review the sentence for both…”
State v. Zimmerman, 2010 MT 44 (Mont. 2010). · cites it 8× “¶ 25 Section 46-18-201(4)( o ), MCA, authorizes a sentencing judge, when deferring imposition or suspending execution of a sentence, to impose "any reasonable restrictions or conditions during the period of the deferred imposition or suspension of sentence," which may include…”
State v. McKenzie, 608 P.2d 428 (Mont. 1980). · cites it 6× “It pointed out that review of sentences is available only to persons sentenced to a term of one year or more in the state prison, section 46-18-903, MCA, and that it had no jurisdiction to review death sentences.”
State v. Moorman, 928 P.2d 145 (Mont. 1996). · cites it 9× “Sentence Review As an additional argument, Moorman also asserts that an application to the Sentence Review Division of the Supreme Court of Montana initiated pursuant to § 46-18-903, MCA, should be considered a “direct appeal” according to § 46-21-105(2), MCA.”
State v. Renee, 1999 MT 135 (Mont. 1999). · cites it 13× “Renee argued that the court failed to comply with § 46-18-201( 11), MCA, which requires that a sentencing court consider alternatives to imprisonment for nonviolent felony offenders, and that § 46-18-903, MCA, which provides the opportunity for sentence review for those…”
State v. B. McGhee, 2021 MT 193 (Mont. 2021). · cites it 4× “" See § 46-18-903(1), MCA; Herd, ¶¶ 19-23. 12 (A) Rule 404(b) Other Acts Evidence.”
State v. Gunderson, 2010 MT 166 (Mont. 2010). · cites it 2× “See § 46-18-903, MCA. Consequently, we will review his sentence for legality only.”
State v. McCaslin, 2011 MT 221 (Mont. 2011). · cites it 5× “” ¶13 The State asserts this Court’s interpretation of the statute governing sentencing review, § 46-18-903, MCA, provides further support for its argument that a fully suspended sentence is not a ‘judgment of imprisonment.”
Charles Branham v. State of Montana, 996 F.3d 959 (9th Cir. 2021). · cites it 3× “Mont. Code Ann. § 46-18-903 (1); Mont. Sentence Rev.”
State v. Brownback, 2010 MT 96 (Mont. 2010). · cites it 2× “In conducting such review, we consider whether “the sentencing court had statutory authority to impose the sentence, whether the sentence falls within the parameters set by the applicable statute, and whether the court followed the affirmative mandates of the sentencing…”
Show all 30 citing cases →
Mont. Code Ann. § 46-18-903(1): 14 cases
State Ex Rel. Holt v. Dist. Court of the Twenty-First Jud. Dist. Court of the State of Montana, 2000 MT 142 (Mont. 2000). “Issue ¶ 2 Did the Sentence Review Division properly interpret § 46-18-903(1), MCA, as excluding Holt from eligibility for sentence review because his sentence is suspended and he is not incarcerated in the state prison? Background ¶ 3 Holt pled guilty to the felony offense of…”
State v. Herd, 2004 MT 85 (Mont. 2004). “Pursuant to § 46-18-903, MCA (1999), any person sentenced to one year or more in the state prison may apply to SRD for review of that sentence.”
State v. Hernandez, 2009 MT 341 (Mont. 2009). “We held that if an offender is sentenced to one year or more of actual incarceration and thus is eligible for review by SRD, then we will review the sentence for legality only, but if the offender is statutorily ineligible for SRD, then we will review the sentence for both…”
State v. Zimmerman, 2010 MT 44 (Mont. 2010). “¶ 25 Section 46-18-201(4)( o ), MCA, authorizes a sentencing judge, when deferring imposition or suspending execution of a sentence, to impose "any reasonable restrictions or conditions during the period of the deferred imposition or suspension of sentence," which may include…”
State v. B. McGhee, 2021 MT 193 (Mont. 2021). “" See § 46-18-903(1), MCA; Herd, ¶¶ 19-23. 12 (A) Rule 404(b) Other Acts Evidence.”
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