Judge orders new hearing in Rambold rape case (30 days in jail for child molestation)

[alp227]

Source: Billings Gazette

Saying the sentence he imposed on a former Billings teacher for the rape of a student may be illegal, Yellowstone County District Court Judge G. Todd Baugh has ordered a new hearing.

In an order filed Tuesday, Baugh set a hearing for Friday at 1:30 p.m. to determine whether the sentence he imposed last week on Stacey Dean Rambold should be revised.

Baugh said in the order that the mandatory minimum sentence Rambold should have received appears to be two years, not the 30-day sentence that Baugh ordered on Aug. 26.

Yellowstone County Attorney Scott Twito called Baugh's order an "unusual occurrence."

Read more: http://billingsgazette.com/news/local/crime-and-courts/judge-orders-new-hearing-in-rambold-rape-case/article_cd2ca382-bccb-5bbe-bfe5-37ab97540da8.html

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So did he realize this on his own, or was this just a face-saving move? Why can't this jerk-Baugh just RECUSE himself?

Also published by the Missoulian, "Billings judge orders new hearing on teacher's rape sentence"

[totodeinhere]

1. Once he sentences the defendant does he have the power to undo that sentence

and impose another one? Isn't that kind of like double jeopardy?

[Xithras]

3. A judge cannot change a legally imposed sentence.

The problem here, I believe, is that the sentence violated the states minimum sentencing guidelines. If the sentence wasn't legal, then it wasn't legally imposed, and it can be altered.

[totodeinhere]

9. Thank you. That makes sense. n/t

[seabeyond]

2. oh fuck no he did not realize on his own. lol. the prosecutors have gone to state court to

petition that his sentence was not what the law states. that the minimum is 2 yrs. so he got called.

[bettyellen]

4. AND I hear he is running for reelection....

Nice to see you here again, hope all is well!

[seabeyond]

5. that is what i hear, with no one running against him ....

and, thank you

[Jefferson23]

6. Good! Idiot judge needs to get off the bench, too. n/t

[Kelvin Mace]

7. He doesn't want to lose his job

but he still wants to impose the lightest sentence possible.

Impeach/recall/defrock/fire his ass.

[Xyzse]

8. I love that word...

Defrock.

[ck4829]

10. I too wonder if he is going to recuse himself, he said some very dumb things during the first trial

And the defense would be insane to not introduce what was said then. Out of his own mouth. Rambold should be in a cell for a long time, but this clown of a judge is not helping.