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STATE v. McGUIRE

No. 92-534.

860 P.2d 148 (1993)

STATE of Montana, Plaintiff and Respondent, v. John Lee McGUIRE Defendant and Appellant.

Supreme Court of Montana.

Decided October 4, 1993.

Attorney(s) appearing for the Case

Jeannette Ellen Berry, Berry & Bordy, Bozeman, for defendant and appellant.

Joseph P. Mazurek, Atty. Gen., Micheal S. Wellenstein, Asst. Atty. Gen., Helena, Thomas J. Esch, Flathead County Atty., Ed Corrigan, Deputy Flathead County Atty., Kalispell, for plaintiff and respondent.

GRAY, Justice.

John McGuire appeals the sentence imposed by the Eleventh Judicial District Court, Flathead County, following conviction for the offense of burglary. We modify the sentence and remand for entry of sentence consistent with this opinion.

The issue on appeal is whether the District Court erred by imposing a sentence consecutive to one not yet imposed by another district court.

On March 27, 1990, John McGuire (McGuire) pled guilty to a burglary...

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