STATE v. HEIT

No. 89-272.

791 P.2d 1379 (1990)

STATE of Montana, Plaintiff and Respondent, v. Russell HEIT, Petitioner/Defendant and Appellant.

Supreme Court of Montana.

Decided May 10, 1990.


Attorney(s) appearing for the Case

R. Allen Beck, Billings, for petitioner/defendant and appellant.

Marc Racicot, Atty. Gen., Harold Hanser, County Atty., Curtis L. Bevolden, Deputy County Atty., for plaintiff and respondent.


McDONOUGH, Justice.

The defendant Russell T. Heit appeals the judgment of the Thirteenth Judicial District Court, Yellowstone County, convicting him of deliberate homicide and robbery, sentencing him to one-hundred and fifty years in the Montana State Prison, and denying him parole eligibility. We affirm the judgment, sentence, and order. Heit raises the following issues on this appeal:

(1) Did the District Court err in refusing an instruction on mitigated...

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