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Aug 29, 2013 1:32 AM by Jay Kohn - MTN News

County Attorney will consider appeal of controversial rape sentence

BILLINGS - The firestorm swirling around Judge G. Todd Baugh's sentencing in the Stacey Rambold rape case has now enveloped the Yellowtone County Attorney's office as well.

County Attorney Scott Twito told MTN News that his office has been inundated with people demanding that he appeal the Judge's sentencing.

But Twito says any appeal, has to be based on the legality of the sentence, not whether he disagrees with the Judge's ruling.

"If an appeal can be had, it will be had," Twito said.

"But it is based on legality and factual correctness, not on the simple fact that this office, or the victim, or anyone who disagrees with what the court did," said Twito.

"We don't even have the transcript yet, we haven't even started working on the written judgement yet," explained Twito.

"We have to wait until that happens before we can take any action, if any action is going to be taken," Twito said.

Twito says his office has 20 days to decide whether to appeal Judge Baug's sentencing.

At this point, Twito says his top concern is for the victim's family, who also has been caught off guard by the media frenzy surrouding the controversial case.

During Monday's sentencing, Baugh ordered Rambold to 15 years in prison, with all but 30 days suspended for one count of sexual intercourse without consent.

Rambold was also placed on probation for 15 years.

While Judge Baugh apologized for his comments about the 14-year old rape victim, he does not apologize for the sentence he handed down.

During the sentencing, Baugh said the 14-year old rape victim was quote: "older than her chronological age," and also said the victim had some control of the situation with Rambold, who was her teacher.

Wednesday Judge Baugh called his remarks "dumb" and said he deserves to be chastised for them, but said he won't resign.

The 71-year old Judge has been serving on the bench for 29 years.

His term is up in 2014, but Baugh says he has not yet decided if he will seek re-election.

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