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STATE v. OPPELT

No. 14289.

601 P.2d 394 (1979)

The STATE of Montana, Plaintiff and Respondent, v. David OPPELT, Defendant and Appellant.

Supreme Court of Montana.

Decided October 17, 1979.

Attorney(s) appearing for the Case

James A. Lewis (argued), Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Richard A. Larson, Asst. Atty. Gen. (argued), Helena, J. Fred Bourdeau, County Atty., Great Falls, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant, David Oppelt, appeals from revocation of a suspended sentence by the Cascade County District Court.

In 1975, Oppelt was convicted of burglary upon entry of a guilty plea. He was given a 10 year sentence which was suspended on condition he abide by customary probation rules.

In May 1977, a jury found Oppelt guilty of aggravated assault, aggravated burglary and attempted theft. He was sentenced to 10 years in prison...

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