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STATE v. STEPHENS

No. 81-411.

645 P.2d 387 (1982)

STATE of Montana, Plaintiff and Respondent, v. Jesse D. STEPHENS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 5, 1982.

Attorney(s) appearing for the Case

Hirst, Dostal & Withrow, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Robert L. Deschamps, III, County Atty., Missoula, for plaintiff and respondent.

WEBER, Justice.

Defendant Jesse D. Stephens (Stephens) appeals from a conviction of robbery following a trial before a jury in the Fourth Judicial District, Missoula County. He presents the following issues for review:

(1) Whether the testimony of Forrest Bex (Bex) should have been allowed in evidence over the objection as to his competency as a witness.

(2) Whether the sentence imposed, which is twice as long as that recommended by the presentence...

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