State v. Rocque

BISTLINE, Justice,

specially concurring.

At first blush this appeared to be a rather routine pro se1 appeal brought here by an inmate who reserved strong doubts that he should have been awarded two years in the penitentiary for a felony escape of which he did not believe himself guilty.

The brief of the Attorney General argues a State contention, one never advanced at *447trial, that where Rocque had been sentenced and placed on probation, that he was a “probationer.” From that premise, the soundness of which is not open to dispute, it is said that because “both the State Department of Corrections…