STATE v. VOEGELE

No. 89-632.

793 P.2d 832 (1990)

The STATE of Montana, Plaintiff and Respondent, v. Walter John VOEGELE, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided June 7, 1990.


Attorney(s) appearing for the Case

Byron W. Boggs, Missoula, for defendant and appellant.

Marc Racicot, Atty. Gen., George Schunk, Asst. Atty. Gen., Helena, Robert L. Deschamps III, County Atty., Betty Wing, Deputy County Atty., Missoula, for plaintiff and respondent.


TURNAGE, Chief Justice.

Walter John Voegele, Jr., appeals the judgment of the District Court for the Fourth Judicial District, Missoula County, revoking his suspended prison sentence. We reverse.

The issue is whether the imposition of sentence on August 24, 1989, was void for lack of jurisdiction.

In August 1987, Voegele pled guilty to third offense DUI and operating a motor vehicle while his license was suspended or revoked. On September 24, 1987...

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