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STATE v. ALMANZA

No. 87-346.

746 P.2d 1089 (1987)

STATE of Montana, Plaintiff and Respondent, v. Cruz David ALMANZA, Defendant and Appellant.

Supreme Court of Montana.

Decided December 16, 1987.

Attorney(s) appearing for the Case

J. Vaughan Barron, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Robert F.W. Smith, Asst. Atty. Gen., Helena, Harold Hanser, Co. Atty., Donna K. Heffington, Deputy Co. Atty., Billings, for plaintiff and respondent.

GULBRANDSON, Justice.

Defendant Almanza appeals a judgment and sentence imposed upon him by the Yellowstone County District Court. Almanza, in a second amended information filed on May 20, 1987, was charged with the offenses of felony aggravated burglary and felony attempted mitigated deliberate homicide pursuant to §§ 45-6-204(2) and 45-4-103, MCA, respectively. Almanza plead guilty to the charges. The State's affidavit and motion for leave to file an information...

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