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STATE v. ELLIOTT

No. 85-432.

717 P.2d 572 (1986)

STATE of Montana, Plaintiff and Respondent, v. Steven Wade ELLIOTT, Defendant and Appellant.

Supreme Court of Montana.

Decided April 24, 1986.

Attorney(s) appearing for the Case

Knuchel & McGregor, Daniel B. McGregor, Livingston, for defendant and appellant.

Mike Greely, Atty. Gen., James M. Scheier, Asst. Atty. Gen., Helena, G. Thomas Biglen, Co. Atty., Big Timber, for plaintiff and respondent.

WEBER, Justice.

Defendant Mr. Elliott appeals his conviction of deliberate homicide in the District Court for Sweet Grass County, Montana. He was sentenced to a term of 100 years. We affirm.

The issues are:

1. Was Mr. Elliott's right of due process violated at his sentencing hearing because matters not included in the presentence investigation report were considered?

2. Was Instruction No. 11 properly given?

3. Was Mr. Elliott denied...

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