State v. Sanders

Defendant, Richard Sanders, was convicted in the district ■court of Park County of second degree assault and the court imposed a three year deferred imposition of sentence. The deferred imposition of sentence was subsequently revoked and a sentence of four years in the state prison imposed. Defendant appeals the *211underlying conviction and the revocation of the deferred imposition of sentence.

The conviction was the second returned by a jury against defendant on the same charge. The first was reversed by this Court in State v. Sanders, 158 Mont. 113, 489 P.2d 371, with remittur issuing on…