STATE v. MENDENHALL

No. 14036, 14037.

679 P.2d 665 (1984)

106 Idaho 388

STATE of Idaho, Plaintiff-Respondent, v. William Clifford MENDENHALL, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied May 3, 1984.


Attorney(s) appearing for the Case

Robert E. Kinney, Orofino, for defendant-appellant.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.


BURNETT, Judge.

In these consolidated cases, we are asked to decide whether concurrent sentences for grand larceny and escape can be converted into consecutive sentences after the defendant has violated probation. For reasons explained below, we hold that they cannot. The sentences are vacated, and each case is remanded for resentencing.

William C. Mendenhall was convicted by a jury of grand larceny. While confined in the Clearwater Countyjail to await sentencing...

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