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STATE v. OPENSHAW

No. 13316.

565 P.2d 319 (1977)

The STATE of Montana, Plaintiff and Respondent, v. Deryl OPENSHAW and Charles Maxwell, Defendants and Appellants.

Supreme Court of Montana.

Decided June 7, 1977.

Attorney(s) appearing for the Case

Moses, Kampfe, Tolliver & Wright, D. Frank Kampfe (argued), Billings, for defendants and appellants.

Michael T. Greely, Atty. Gen., Helena, Harold F. Hanser, Charles A. Bradley (argued), Billings, for plaintiff and respondent.

DALY, Justice.

Defendants appeal from the judgment of the district court, Yellowstone County, which denied defendants' motion to reinstate their not guilty pleas and deferred defendants' sentence for one year upon the condition defendants serve one year in the Yellowstone County jail, while participating in a work release program.

On October 20, 1975, the Yellowstone County attorney filed an Information charging defendants...

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