State v. Lundquist

In September 1988 Jay Lundquist pled guilty to sexual intercourse without consent. He was sentenced to ten years in the Montana State Prison with the entire sentence suspended on certain conditions of probation. In January 1991 the District Court of the Fourth Judicial District, Missoula County, revoked Lundquist’s probation. He appeals. We reverse and remand.

The issue is whether the District Court abused its discretion in revoking Lundquist’s probation and sentencing him to prison.

Lundquist was charged with sexual intercourse without consent upon information obtained from his former foster…