What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code?

MultiRegion, United States of America

The following excerpt is from Coleman v. Risley, 839 F.2d 434 (9th Cir. 1988):

The Montana legislature enacted the 1977 statute in an attempt to meet the constitutional requirement that the trial court give careful consideration to "the character and record of the individual offender and the circumstances of the particular offense." Woodson v. North Carolina, 428 U.S. at 304, 96 S.Ct. at 2991. The legislature provided for a flexible and open-ended hearing which would enable the trial court to give both the offender and the offense the thorough individual consideration that the Constitution requires.

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