Montana State Supreme Court is banning judge G. Todd Baugh from resentencing a rapist whose previous sentence was 30 days in jail. Judge Baugh scheduled a hearing for Friday to reschedule this sentence.

Last week, Baugh sentenced Stacey Dean Rambold to 30 days in jail, a huge reduction from the original 15-year sentence. Rambold admitted to raping his then 14-year-old student, Cherice Moralez. In 2010, Moralez committed suicide before her 17th birthday, while Rambold’s trial was pending. 

Baugh plans to sentence Rambold to 2-years at the hearing. This is the mandatory minimum for sexual intercourse without consent in Montana. Baugh's decision is in response to angry protests and extensive backlash on social media sites, like Facebook. However, resentencing Rambold is illegal, according to the state high courts. 

The State already appealed the sentence, so this resentencing will undermine the appeal and disrupt the appeal process. The prosecutors filed an emergency petition Thursday with the Montana Supreme Court to stop the hearing. 

Rambold’s Defense Attorney agrees with the prosecution that the hearing would only damage the current state of the appeal, besides not being legal. 

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