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STATE v. BARKER

No. 84-51.

685 P.2d 357 (1984)

STATE of Montana, Plaintiff and Respondent, v. Brian BARKER, Defendant and Appellant.

Supreme Court of Montana.

Decided August 9, 1984.

Attorney(s) appearing for the Case

Gary E. Wilcox, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, for plaintiff and respondent.

SHEEHY, Justice.

Brian Barker appeals his judgment of conviction of attempt (felony) toward the commission of theft entered against him in the District Court, Thirteenth Judicial District, Yellowstone County. His judgment of conviction is the result of a jury trial. Barker was sentenced to ten years in prison, in part because of a previous criminal record, and later the court suspended the last seven years of his sentence.

On the day in question, April 12...

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