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STATE v. ASHBY

No. DA 07-0228.

179 P.3d 1164 (2008)

2008 MT 83

342 Mont. 187

STATE of Montana, Plaintiff and Appellee, v. Eugene Howard ASHBY, Defendant and Appellant.

Supreme Court of Montana.

Decided March 11, 2008.

Attorney(s) appearing for the Case

For Appellant: Gregory Hood (argued), Assistant Public Defender, Kalispell, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Mark Mattioli (argued), Assistant Attorney General, Helena, Montana, Ed Corrigan, Flathead County Attorney, Kalispell, Montana.

For Amicus Curiae: Merle Raph, Montana County Attorneys Association, Shelby, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Eugene Howard Ashby (Ashby) entered a guilty plea to the offense of Issuing a Bad Check, a Felony Common Scheme. The Eleventh Judicial District Court sentenced Ashby to a term of three years, all deferred, and imposed numerous conditions on his deferred sentence including a prohibition from consuming alcohol or other intoxicants and a prohibition from gambling. Ashby objected to these conditions...

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