State v. Farrell

Appellant Stephen Farrell was convicted of theft of public assistance funds by a jury in the District Court of the First Judicial District, Lewis and Clark County. He has appealed both the conviction and his sentence to this Court. For the reasons stated below, we affirm the conviction, but vacate the sentence and remand for resentencing.

The appellant was discharged from the United States Navy on December 17, 1979. After his discharge, appellant, *486his wife Margaret, and a step-daughter returned to his home town, Helena. Margaret was pregnant on the family’s arrival in Helena, and because their…