State v. Pendergrass

Billie Leon Pendergrass (Pendergrass) appeals from the judgment and sentence entered by the Third Judicial District Court, Powell County, on his conviction of the offense of misdemeanor escape. We affirm.

The dispositive issue on appeal is whether the District Court erred in concluding that Pendergrass’ escape sentence did not merge with the other sentences he was serving.

The following facts are undisputed. Pendergrass was an inmate at the Montana State Prison (MSP) serving terms of imprisonment exceeding thirty years on sentences imposed by district courts in Flathead and Lewis and Clark…