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STATE EX REL. BOVEE v. DISTRICT SIXTH JUDICIAL DIST.

No. 12481.

508 P.2d 1056 (1973)

STATE OF MONTANA EX REL. DANIEL J. BOVEE, RELATOR, v. The DISTRICT COURT OF the SIXTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF PARK and the Honorable C.B. Sande, as Judge thereof, Respondent.

Supreme Court of Montana.

Decided April 12, 1973.

Attorney(s) appearing for the Case

Joseph T. Swindlehurst, Livingston, (argued), for appellant.

Jack Yardley, County Atty., appeared, Livingston, J.C. Weingartner, Asst. Atty. Gen., argued, Robert L. Woodahl, Atty. Gen., Helena, for respondent.

PER CURIAM.

This is an application for a writ of mandate to compel the district court to credit petitioner with four months previously served in the state prison as a condition of deferment of sentence, against the sentence subsequently imposed following revocation of the deferment.

The facts are undisputed. Relator entered a plea of guilty to the crime of possession of dangerous drugs in the district court of Park County. On April 27, 1972, the district court...

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