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STATE v. DOWNING

No. 14394.

593 P.2d 43 (1979)

STATE of Montana, Plaintiff and Respondent, v. Samuel Mark DOWNING, Defendant and Appellant.

Supreme Court of Montana.

Decided April 12, 1979.

Attorney(s) appearing for the Case

Douglas G. Harkin, Hamilton, Mike Greely, Atty. Gen., Helena, Richard A. Larson argued, Asst. Atty. Gen., Helena, for defendant and appellant.

Robert J. Campbell argued, Missoula, for plaintiff and respondent.

SHEA, Justice.

Defendant appeals from an order of the Ravalli County District Court which denied his motion to dismiss and granted the county attorney's petition to revoke defendant's suspended sentence. Because of the nature of the question involved, the District Court judge delayed imposition of sentence pending review by this Court as to his authority to impose a sentence.

Defendant Samuel Mark Downing was arrested on November 10, 1972 and charged with...

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