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STATE v. PETERSON

No. 86-092.

744 P.2d 870 (1987)

STATE of Montana, Plaintiff and Respondent, v. Bailey PETERSON, Defendant and Appellant.

Supreme Court of Montana.

September 15, 1987.

Attorney(s) appearing for the Case

Charles M. Joslyn, Choteau, for defendant and appellant.

Mike Greely, Atty. Gen., Joey Roberts, Asst. Atty. Gen., Helena, James C. Nelson, Glacier Co. Atty., Cut Bank, for plaintiff and respondent.

Prior Report: Mont., 741 P.2d 392.

The State has petitioned for a rehearing in this case upon the limited issue of whether we have ordered an appropriate remedy for the improper multiple convictions of the defendant Bailey Peterson.

In its petition, the State points out that the offense of possession of dangerous drugs is a lesser-included offense of the possession of dangerous drugs with intent to sell, citing State v. Mitchell (Mont. 1981), 625 P.2d 1155,...

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