MALDONADO v. CRIST

No. 12494.

510 P.2d 887 (1973)

John MALDONADO, Petitioner, v. Roger W. CRIST, as Warden of the Montana State Penitentiary, Respondent.

Supreme Court of Montana.

Decided May 29, 1973.


Attorney(s) appearing for the Case

Berger, Anderson, Sinclair & Murphy, Billings, Arnold A. Berger, argued, Billings, for petitioner.

Robert L. Woodahl, Atty. Gen., Helena, J.C. Weingartner, Asst. Atty. Gen., argued, Helena, for respondent.


HASWELL, Justice.

This is an original proceeding for a writ of habeas corpus. Petitioner seeks to compel the district court to credit petitioner with six months previously served in the Yellowstone County jail as a condition of deferment of sentence.

On September 11, 1970, petitioner plead guilty to assault in the second degree. The district court deferred imposition of sentence and placed petitioner on probation for three years. On August 25, 1971, a petition...

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