Posted: Sep 3, 2013 4:15 PM by Victoria Fregoso - MTN News
BILLINGS - A new hearing is scheduled this week for Stacey Rambold, the former Senior High School teacher who admitted to raping one of his students who later killed herself.
This new hearing could increase Rambold's sentence to two years in prison.
The order was filed by Judge G. Todd Baugh just before noon on Tuesday, Sept. 3.
This new hearing order comes just over one week after Judge Baugh sentenced Rambold to 15 years in prison with all but 31 days suspended.
The court reviewed Montana law which reveals the mandatory minimum sentence is 2 years, not 30 days.
The order states a sentence that is less than the mandatory minimum is an illegal sentence.
According to the order, Judge Baugh sentenced Rambold to 30 days based on the defense attorney's sentencing memorandum. The state did not object or inform Judge Baugh of a larger mandatory minimum sentence.
The hearing is scheduled to take place at 1:30 p.m. on September 6 at the Yellowstone County Courthouse.
Rambold's 30 day sentence along with comments Judge Baugh made during the sentencing attracted nationwide media attention. Protesters gathered in silence on the lawn of the Yellowstone County Courthouse that same week to stand up for the then 14-year-old victim Cherice Moralez.