Posted: Sep 4, 2013 8:26 PM by Victoria Fregoso - MTN News
BILLINGS - The Montana attorney General said he wants to ensure justice is served in the case of a former Billings teacher who raped a 14-year-old student.
Tim Fox filed an appeal with the Montana Supreme court on Wednesday to overturn a judgment by Yellowstone County District Judge Todd Baugh.
On Tuesday, Judge Todd Baugh filed an order to extend Rambold's sentence from 31 days to two years.
Judge Baugh now has an appeal from the Montana Attorney General's Office, notifying him that he does not have the authority to increase Rambold's sentence.
The Attorney General's office says the judge was correct in saying the 31 day sentence with 15 years probation is illegal. But an illegal sentence can only be changed through an appeal to the Montana Supreme Court.
Also tuning in on this is the Yellowstone County Attorney's Office.
In a motion to vacate, the state asks Baugh to cancel the hearing scheduled for this Friday. "I think at this point, the law is very clear," said Yellowstone County Attorney Scott Twito. "We made this argument to the court that the Supreme Court should be the entity to answer that question as to what can be done from this point forward."
Twito also said it could take some time to work through the appeal process.
MTN contacted Judge Baugh's office Wednesday afternoon and prior to receiving the state's motion to vacate, the judge said he plans to proceed with the hearing set for this Friday.
A copy of the appeal can be downloaded in PDF format here.