State v. Downing

Defendant appeals from an order of the Ravalli County District Court which denied his motion to dismiss and granted the county attorney’s petition to revoke defendant’s suspended sentence. Because of the nature of the question involved, the District Court judge delayed imposition of sentence pending review by this Court as to his authority to impose a sentence.

Defendant Samuel Mark Downing was arrested on November 10, 1972 and charged with burglary of a motor vehicle, a felony under section 94-901, R.C.M. 1947 (since repealed). Upon entry of a guilty plea, Downing was sentenced to three years…