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STATE v. EMMETT

No. 13344.

557 P.2d 289 (1976)

The STATE of Montana, Plaintiff and Respondent, v. Ronald Gene EMMETT, Defendant and Appellant.

Supreme Court of Montana.

Decided December 13, 1976.

Attorney(s) appearing for the Case

Moses, Kampfe, Tolliver & Wright, Billings, D. Frank Kampfe, argued, Billings, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, John F. North, argued, Asst. Atty. Gen., Helena, Richard A. Simonton, County Atty., argued, Glendive, for plaintiff and respondent.

HASWELL, Justice.

Defendant Ronald Emmett appeals from an order of the district court, Dawson County, revoking his deferred imposition of sentence and sentencing Emmett to two and one-half years in Montana State Prison.

On March 24, 1975 defendant Emmett was charged with felony possession of marijuana in violation of section 54-133, R.C.M. 1947. That same day he pled guilty and the court ordered imposition of sentence deferred for three years provided defendant...

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