STATE v. SIMTOB

No. 11729.

462 P.2d 873 (1969)

The STATE of Montana, Plaintiff and Respondent, v. Solomon SIMTOB, Defendant and Appellant.

Supreme Court of Montana.

Decided December 12, 1969.


Attorney(s) appearing for the Case

Leif B. Erickson, argued, Helena, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Joseph Gerbase and J.C. Weingartner, Asst. Attys. Gen., argued, Thomas Dowling, County Atty., Helena, for plaintiff-respondent.


HASWELL, Justice.

Defendant Solomon Simtob, age 21, plead guilty to a charge of criminal possession of dangerous drugs (section 54-133, R.C.M. 1947) in the district court of Lewis and Clark County. Following a presentence hearing, he was sentenced to a term of 3 years imprisonment in the state prison. Defendant appeals only from the sentence imposed.

There are two controlling issues upon this appeal: (1) whether an appeal may be taken from the sentence itself...

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