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STATE v. TOME

No. 86-314.

742 P.2d 479 (1987)

STATE of Montana, Plaintiff and Respondent, v. Richard Lee TOME, Defendant and Appellant.

Supreme Court of Montana.

Decided September 17, 1987.

Attorney(s) appearing for the Case

John Keith, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Judy Browning, Asst. Atty. Gen., Helena, Patrick L. Paul, Co. Atty., Great Falls, Steve Hagerman, Deputy Co. Atty., for plaintiff and respondent.

TURNAGE, Chief Justice.

Defendant Tome appeals a bench conviction for burglary and criminal mischief in the Eighth Judicial District, Cascade County. On April 11, 1986, Tome was sentenced to a prison term of ten years for burglary and ten years for criminal mischief, to run concurrently. Tome was also sentenced to ten years as a persistent felony offender, to run consecutively.

Tome presents two issues for our review...

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