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STATE v. HANNERS

No. 91-467.

839 P.2d 1267 (1992)

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

Supreme Court of Montana.

Decided September 8, 1992.

Rehearing Denied November 16, 1992.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., George Schunk, Asst. Atty. Gen., Helena; and George Corn, Ravalli County Attorney, Hamilton, for appellant.

Mark Connell, Connell, Beers and Alterowitz, Missoula, for respondent.

James B. Obie, Dept. of Corrections and Human Services, Helena, for amicus curiae.

HARRISON, Justice.

This is an appeal from the District Court of the Fourth Judicial District, State of Montana, in and for the County of Ravalli. The State of Montana appeals the District Court's June 28, 1991 order and subsequent Amended Judgment of July 10, 1991. We reverse.

Two issues are presented for our consideration:

1. Whether the District Court had jurisdiction to amend a sentence and judgment after it had been pronounced in court, reduced...

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