can take place, one thing has to happen. a lot of people find this shocking. heather hanson is here and legal analyst danny cevales joins us now. the prosecutor said there was a misapplication of sentencing authority. what does it mean and what do officials need to prove? what a lot of people don t realize, they focus on the liability portion of a trial. sentence ing is complicated. in this case, for example, in montana there is a two-year minimum. sexual intercourse without consent. another section boosts the four-year minimum in the case of an under 16 person. yet another portion allows for suspended sentences. in this case that mandatory minimum allow it is judge to extend the sentence to only 30 days which is probably what he relied on. sounds like a conflict. who s right? the montana supreme court said
prison sentence has montana prosecutors preparing an appeal. it will start with a call to the attorney general and could end up in state supreme court. reporter: this morning new details about how the shockingly light sentence of a rapist, just 30 days in jail, might be reversed. the dream scenario for us is he would do 20 years, ten suspended. reporter: that dream scenario expected to take a step toward reality this week. on wednesday a critical conference call between the yellowstone county attorney and the attorney general office of montana. there may be a misapplication of the sentencing authority here and that s where i focused my attention at this point. reporter: if the state s attorney general agrees, then montana supreme court would be
that he would do 20 years with ten of those years suspended. that dream nair yo expected to take a step toward reial fi this week. there may be a misapplication of the sentencing authority here and that s where i focused my attention at this point. reporter: if the state s attorney general agrees, then montana supreme court would be asked to reverse the light sentence the judge handed up in the case against this man, former high school teacher. the judge sentenced him to just 30 days in jail after he broke the terms of his patrol for the 2007 rape of then 14-year-old sha reese more ras les. during sentencing, the judge said the 14-year-old was in as much control as her then 49-year-old rapist and that she acted older than her chronological age. she wasn t there to speak on her