RYAN v. CRIST

No. 13480.

563 P.2d 1145 (1977)

Donald E. RYAN, Petitioner and Appellant, v. Roger CRIST, Warden, Respondent and Appellee.

Supreme Court of Montana.

Decided May 9, 1977.


Attorney(s) appearing for the Case

Donald E. Ryan, pro se.

Mike T. Greely, Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, for respondent and appellee.


SHEA, Justice.

Defendant appeals from an order of the district court, Yellowstone County, refusing to vacate a 10 year sentence imposed for three counts of grand larceny. He contends that in imposing this sentence the district court improperly considered his prior felony record because defendant did not have counsel when the state obtained the convictions. The state does not dispute that he did not have counsel at the time.

The facts leading to defendant's...

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