Defendant seeks to block resentencing in rape case
September 5, 2013 6:18PM
BILLINGS, Mont. (AP) — The defense attorney for a former Montana teacher convicted of raping one of his students wants a Friday resentencing hearing canceled.
Attorney Jay Lansing said in a court brief filed Thursday that only the Supreme Court can review claims that the 30-day sentence given to Stacey Rambold was illegal.
Prosecutors have filed similar motions.
The office of Judge G. Todd Baugh, who has presided over the case, says there are no plans to cancel the hearing.
Rambold was returned to Billings Thursday from the state prison in Deer Lodge on an order from Baugh.
Prosecutors say he should serve at least two years in prison under state law, but that Baugh cannot undo his mistake in sentencing him to a much shorter term.
The state has appealed the sentence.