STATE v. HUBBARD

No. 81-482.

649 P.2d 1331 (1982)

STATE of Montana, Plaintiff and Respondent, v. John Aldin HUBBARD, Defendant and Appellant.

Supreme Court of Montana.

Decided August 25, 1982.

Dissenting Opinion of Shea, J., September 1, 1982.


Attorney(s) appearing for the Case

Sandra K. Watts argued, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Dorothy McCarter argued, Asst. Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Great Falls, for plaintiff and respondent.


HASWELL, Chief Justice.

Pursuant to a plea bargain agreement, defendant plead guilty to the crime of negligent homicide. The District Court sentenced defendant to consecutive terms of ten years imprisonment for negligent homicide and five years for the use of a weapon in committing that crime.

Defendant appeals from the sentence.

This is the second time defendant's case has come before this Court. Following an early morning shootout in a Great Falls...

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