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STATE v. TRIMMER

No. 83-354.

694 P.2d 490 (1985)

STATE of Montana, Plaintiff and Respondent, v. Douglas TRIMMER, Defendant and Appellant.

Supreme Court of Montana.

Decided January 4, 1985.

Rehearing Denied February 14, 1985.

Attorney(s) appearing for the Case

Conner, Baiz & Olson, Kenneth R. Olson (argued), Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, James M. McLean argued, Asst. Atty. Gen., J. Fred Bourdeau, County Atty., Jerry Guenther, Deputy County Atty., Great Falls, for plaintiff and respondent.

SHEA, Justice.

Defendant, Douglas Trimmer appeals from a sentence imposed by the Cascade County District Court for a conviction of misdemeanor assault. The trial court sentenced defendant to the maximum 6 months in jail and $500 fine based on the penalty provided for misdemeanor assault (§ 45-5-201, MCA). The court then invoked the sentence enhancement statute, § 46-18-221, MCA, held that its application was mandatory...

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