STATE v. ALLEN

No. 81-269.

645 P.2d 380 (1981)

STATE of Montana, Plaintiff and Respondent, v. George ALLEN, Defendant and Appellant.

Supreme Court of Montana.

Decided December 30, 1981.


Attorney(s) appearing for the Case

Sherlock & Nardi, Kalispell, Stephen J. Nardi, argued, and William E. Hileman, Jr., argued, Whitefish, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Ted O. Lympus, County Atty., argued, Kalispell, Mark Higgins argued, student practitioner, Missoula, for plaintiff and respondent.


HASWELL, Chief Justice.

Defendant appeals from a judgment of the District Court convicting him of the crime of sexual assault following a plea of guilty, sentencing him to 20 years imprisonment, and denying his motion to set aside the sentence or to allow him to withdraw his plea of guilty.

The underlying issue in this case is whether the prosecuting attorney violated a plea bargain agreement thereby depriving defendant of due process of law.

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