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STATE v. LUNDQUIST

No. 91-110.

825 P.2d 204 (1992)

STATE of Montana, Plaintiff and Respondent, v. Jay LUNDQUIST, Defendant and Appellant.

Supreme Court of Montana.

Decided January 23, 1992.

Attorney(s) appearing for the Case

William Boggs, Missoula, for defendant and appellant.

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

TURNAGE, Chief Justice.

In September 1988 Jay Lundquist pled guilty to sexual intercourse without consent. He was sentenced to ten years in the Montana State Prison with the entire sentence suspended on certain conditions of probation. In January 1991 the District Court of the Fourth Judicial District, Missoula County, revoked Lundquist's probation. He appeals. We reverse and remand.

The issue is whether the District Court abused its discretion in revoking...

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