STATE v. FITZPATRICK

No. 90-356.

805 P.2d 584 (1991)

STATE of Montana, Plaintiff and Respondent, v. Bernard James FITZPATRICK, Defendant and Appellant.

Supreme Court of Montana.

Decided February 12, 1991.


Attorney(s) appearing for the Case

Arthur J. Thompson, Thompson & Sessions, Billings, for defendant and appellant.

Marc Racicot, Atty. Gen., Kathy Seeley, Asst. Atty. Gen., Helena, Harold Hanser, Yellowstone County Atty., Curtis L. Bevolden, Deputy Yellowstone County Atty., John P. Connor, Jr. and Mark J. Murphy, Sp. Deputy Yellowstone County Attys., Asst. Attys. Gen., Billings, for plaintiff and respondent.


HUNT, Justice.

The defendant Bernard James Fitzpatrick appeals from the sentences imposed by the Thirteenth Judicial District Court, Yellowstone County. We vacate the sentences and remand for resentencing.

On March 30, 1990, an inmate or inmates cut a hole in the chain link fence in the recreation yard of the Yellowstone County detention facility. Seven inmates escaped through the hole, including Bernard Fitzpatrick, who was being held pending sentencing following...

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