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STATE v. COUNTS

No. 83-347.

679 P.2d 1245 (1984)

STATE of Montana, Plaintiff and Respondent, v. John Harvey COUNTS, Sr., Defendant and Appellant.

Supreme Court of Montana.

Decided April 19, 1984.

Attorney(s) appearing for the Case

Cok & Wheat, Michael D. Cok, Bozeman, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Wm. Nels Swandal, County Atty., Livingston, for plaintiff and respondent.

WEBER, Justice.

Following a jury trial in the District Court of Park County, defendant was convicted of the offenses of aggravated assault and attempted aggravated assault under sections 45-5-202(1)(a) & (c) and 45-4-103(1), MCA. He was sentenced to five years in the penitentiary for each offense. The terms were to be served concurrently with the last three years of each sentence suspended. He was also sentenced to a

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