STATE v. WILLIAMS

No. 02-549.

69 P.3d 222 (2003)

2003 MT 136

STATE of Montana, Plaintiff and Respondent, v. Rodney WILLIAMS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 8, 2003.


Attorney(s) appearing for the Case

Edmund F. Sheehy, Jr., Cannon and Sheehy, Helena, Montana, For Appellant.

Mike McGrath, Attorney General; Diana Leibinger Koch, Special Assistant Attorney General, Department of Corrections, Helena, Montana, Christopher G. Miller, County Attorney, Deer Lodge, Montana, For Respondent.


Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Rodney Williams appeals from the judgment of the Third Judicial District Court, Powell County, revoking his five-year suspended sentence. We affirm in part, reverse in part, and remand for re-sentencing.

¶ 2 The following issues are raised on appeal:

¶ 3(1) Whether the District Court erred when it concluded that Williams was a probationer and not a parolee, and that...

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