Today, the Attorney General’s Office appealed Judge G. Todd Baugh’s sentence in the Stacey Rambold case. The appeal was filed with the Montana Supreme Court.
“We believe that the sentence Judge Baugh imposed on Stacey Rambold is illegal,” Attorney General Tim Fox said. “Using the means provided by state law, we are appealing his sentence and working diligently to ensure that justice is served.”
In criminal cases, the state has a limited right of appeal, which includes the right to appeal a sentence that is “contrary to law” as provided in MCA Section 46-20-103(2)(h). The state believes that Rambold’s 30-day jail sentence for statutory rape is contrary to law.
Judge Baugh has indicated he plans to reconsider the case on Friday at 1:30pm, but Montana law is clear that illegal sentences can only be remedied by appeal to the Montana Supreme Court or by a petition for post-conviction relief.
The Attorney General’s Office is coordinating with the Yellowstone County Attorney’s Office, which will be asking Judge Baugh to cancel Friday’s hearing and stop all proceedings pending a decision by the Montana Supreme Court.