State v. Fry

The defendant appeals from an order of the Missoula County District Court revoking a ten year suspended sentence and ordering him to prison. At the hearing in which the ten year suspended sentence was imposed, the defendant neither had a lawyer nor waived his right to a lawyer. We therefore vacate the order imposing the ten year suspended sentence, and we order the defendant be released from custody and from any restraints imposed as a a result of his guilty plea and the subsequent judgment imposed on April 7, 1975.

This situation arises after the defendant was first given a three year…