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STATE v. KYLE

No. 80-104.

614 P.2d 1059 (1980)

STATE of Montana, Plaintiff and Respondent, v. Mike K. KYLE, Defendant and Appellant.

Supreme Court of Montana.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Byron W. Boggs, Anaconda, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Ted L. Mizner, County Atty., Deer Lodge, for plaintiff and respondent.

HARRISON, Justice.

Appellant Kyle appeals from his conviction in the District Court, Third Judicial District, Powell County, of the charge of felony escape in violation of section 45-7-306(3)(b), MCA.

The case was submitted to the District Court on an agreed statement of facts. On October 18, 1978, the District Court, Cascade County, sentenced appellant Kyle to seven years in the Montana State Prison for criminal mischief and eight years for burglary. The...

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