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Getaway driver appeals sentence to MT Supreme Court

By Emily Adamson, KECI Reporter, eadamson@keci.com
Published On: Apr 15 2014 05:36:12 PM MDT
Updated On: Apr 15 2014 06:26:01 PM MDT
PRESTON HANNA
MISSOULA, Mont. -

A Missoula man, in prison for the driving the getaway car in a convenience store robbery and shooting is appealing his case to the Montana Supreme Court.

Last June, a Missoula County District Court judge sentenced Preston James Hanna to 20 years in prison, for driving a friend who shot and almost killed a store clerk.

Prosecutors say the friend, Christopher Burch, went into Ole's in East Missoula to steal beer, but shot an employee before running out to the car. Hanna drove away leaving Adam Gallegos for dead.

We read through the documents Hanna's attorney filed with the Montana Supreme Court earlier this month.

Hanna alleges he was punished for revoking his guilty plea and going to trial -- he says he was given a harsher sentence because of that decision.

He also says the jury wasn't given proper instructions to a make a decision. And he claims there was an error in sentencing, asking him to pay restitution and to register as a violent offender.

He's asking the court to vacate his conviction and reverse his sentence.

Click here to read Hanna's full appeal.