State v. Roundstone
Annotate this CaseJule Roundstone was convicted of assault with a weapon and sentenced to a five-year commitment to the department of corrections (DOC). Roundstone's request for a furlough was granted, and he was released for a ten-day period. Roundstone failed to report after the first day of his furlough and was apprehended about a month later. Roundstone was charged with felony escape pursuant to Mont. Code Ann. 45-7-306. The district court denied Roundstone's motion to dismiss the charge as to the allegation that Roundstone had removed himself from official detention while on furlough and, therefore, could not commit escape. Roundstone entered a plea of guilty to the charge, reserving the right to appeal the denial of his motion to dismiss. Roundstone was sentenced to ten years at the DOC, with five years suspended. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in denying Roundstone's motion to dismiss as Roundstone was not excluded from official detention while on furlough, and (2) the prosecution did not violate Roundstone's due process rights by making certain sentencing recommendations during the sentencing hearing.
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