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STATE v. SAVARIA

No. 89-594.

800 P.2d 696 (1990)

State of Montana, Plaintiff and Appellant, v. Richard SAVARIA, Defendant and Respondent.

Supreme Court of Montana.

Decided October 30, 1990.

As Modified on Denial of Rehearing November 29, 1990.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Jennifer M. Anders, Asst. Atty. Gen., Helena, Harold Hanser, County Atty., Curtis L. Bevolden, Deputy County Atty., Billings, for plaintiff and appellant.

John L. Adams, Billings, for defendant and respondent.

TURNAGE, Chief Justice.

The State of Montana appeals the judgment of the Thirteenth Judicial District, Yellowstone County, which sentenced Richard Savaria to six months of imprisonment for misdemeanor escape under § 45-7-306(3)(c), MCA, following a jury trial that found Savaria guilty of a general violation of escape. The State argues that Savaria should have been sentenced for felony escape under § 45-7-306(3)(b)(i), MCA. We affirm.

The State raises...

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