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High court reverses theft conviction

Jesse Davis | Hagadone News Network | UPDATED 10 years, 11 months AGO
by Jesse Davis
| December 18, 2013 8:00 PM

The Montana Supreme Court has overturned one of two convictions of a Kalispell woman linked to the group burglary of a Kila home in 2012.

Kandice Tellegen, 27, was convicted of felony burglary and theft for burglarizing a Spring Hill Road home along with Aaron Zelenik, Jeffrey Weldele and Ashley Ekern.

A ruling issued last month by the state’s high court, however, has reversed Tellegen’s theft conviction.

Justice Michael Wheat wrote the opinion on the unanimous decision that states that Tellegen’s attorney, Carolyn Gill, provided ineffective counsel by failing to object to the theft conviction, which violated a statutory block on charging multiple offenses for the same crime.

That conviction now will be reversed and sent back to Flathead District Court for recalculation of “conviction-based fees, costs and fines.”

Tellegen is in the Great Falls Transition Center, a prerelease center that helps convicts going from prison to the community.

She was sentenced in June to five years in the Montana Women’s Prison after being convicted of stealing tens of thousands of dollars worth of vintage Chrysler car parts while on probation for the Spring Hill Road burglary.

District Judge Robert Allison recommended in that case that Tellegen be placed in the alcohol and drug treatment program at Passages to be followed by placement in a prerelease center.

Tellegen was the only one involved in the Spring Hill Road burglary who did not receive jail time as part of her sentence.

Only Weldele remains in prison; Zelenik and Ekern have each received a conditional release.

Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.

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