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STATE v. FRY

No. 81-399.

642 P.2d 1053 (1982)

STATE of Montana, Plaintiff and Respondent, v. Steve Allen FRY, Defendant and Appellant.

Supreme Court of Montana.

Decided March 25, 1982.

Attorney(s) appearing for the Case

Hirst, Dostal & Withrow, Missoula, Lon Withrow, argued, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Robert L. Deschamps, III, County Atty., Missoula, E. McLean, argued, Deputy County Atty., Missoula, for plaintiff and respondent.

SHEA, Justice.

The defendant appeals from an order of the Missoula County District Court revoking a ten year suspended sentence and ordering him to prison. At the hearing in which the ten year suspended sentence was imposed, the defendant neither had a lawyer nor waived his right to a lawyer. We therefore vacate the order imposing the ten year suspended sentence, and we order that the defendant be released from custody and from any restraints imposed as a result of...

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