STATE v. BALDWIN

No. 80-217.

629 P.2d 222 (1981)

The STATE of Montana, Plaintiff and Respondent, v. James W. BALDWIN, Defendant and Appellant.

Supreme Court of Montana.

Decided June 4, 1981.


Attorney(s) appearing for the Case

Stacey & Jarussi, Calvin Stacey argued, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Chris D. Tweeten argued, Asst. Atty. Gen., Helena, Conrad B. Fredericks argued, Big Timber, for plaintiff and respondent.


SHEA, Justice.

Defendant appeals the sentence imposed by the Sweet Grass County District Court following his conviction of aggravated assault. A jury trial was held on March 10, 1980. The court sentenced defendant on March 17, 1980, to fifteen years imprisonment with five years suspended. He raises two issues challenging the legality of his sentence.

First, defendant contends that the trial court erred in considering for sentencing purposes, the facts underlying...

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