After the massive public outcry surrounding his decision to give a convicted rapist a mere 30 days in jail Judge G. Todd Baugh wanted to reconsider his sentence but the Montana Supreme Court has stepped in and decided that the county judge does not have the authority to do so, according to CNN.
A hearing to reconsider the sentence was schedule for Friday morning but was stopped on an order from the high court.
"We conclude that the stated intent of the District Court to alter the initially imposed oral sentence in today's scheduled hearing is unlawful and that the proceeding should be arrested," the order said. "We take no position on the legality of the imposed sentence and will address the parties' arguments in that regard on appeal."
Stacey Rambold, a former teacher, was found guilty of having sex with a 14-year-old girl. Rambold was then sentenced to 15 years in prison with all but one month of the sentence suspended. During the sentencing Baugh said that the victim was "older than her chronological age" and "as much in control of the situation" as Rambold, according to NBC News.
Prosecutors have argued that the minimum sentence under Montana state law would be two years in prison while the defense argues that the sentence was appropriate. The one thing the two sides agree on is that the hearing that was scheduled for Friday was illegal and that the sentencing can only be changed by an appeal, according to the Associated Press.
The prosecution applauded the "district court's effort to correct the error at the trial court level" but acknowledged that the hearing would be illegal and hurt the prosecution in the event of an appeal, according to CNN.
"Further, the September 6 hearing, if permitted to be conducted, will undermine the State's appeal and otherwise frustrate the just and orderly administration of ordinary appeal processes," prosecutors said in a petition to stop the hearing.
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