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STATE v. ROBERTS

No. 95-167.

912 P.2d 812 (1996)

STATE of Montana, Plaintiff and Respondent, v. Joe ROBERTS, Defendant and Appellant.

Supreme Court of Montana.

Decided March 12, 1996.

Attorney(s) appearing for the Case

William F. Hooks, State Appellate Defender, Helena, for appellant.

Joseph P. Mazurek, Attorney General, Carol Schmidt, Assistant Attorney General, Helena, Chris Miller, Powell County Attorney, Deer Lodge, for respondent.

GRAY, Justice.

Joe Roberts (Roberts) appeals from the judgment entered by the Third Judicial District Court, Powell County, on a jury verdict finding him guilty of the offense of felony escape. We reverse.

The dispositive issue on appeal is whether the District Court erred in denying Roberts' motion to dismiss the escape charge.

Roberts was an inmate at the Montana State Prison (MSP) in Deer Lodge, Montana. On January 26, 1994, the Montana Board of...

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