STATE v. KERN

No. 84-140.

695 P.2d 1300 (1984)

STATE of Montana, Plaintiff and Respondent, v. Carl Edward KERN, Defendant and Appellant.

Supreme Court of Montana.

Decided September 25, 1984.


Attorney(s) appearing for the Case

R. Allen Beck, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Harold Hanser, County Atty., David W. Hoefer, Deputy County Atty., Billings, for plaintiff and respondent.


WEBER, Justice.

Defendant pled guilty to sexual intercourse without consent and was sentenced to ten years imprisonment with the last five years suspended. After defendant had served his prison term, the District Court of Yellowstone County revoked the suspended sentence and ordered him returned to prison to serve the remainder of the sentence. Defendant attacks this exercise of discretion by the court. We affirm.

The sole issue on appeal is whether the District...

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