STATE v. BROWN

No. 92-493.

865 P.2d 282 (1993)

STATE of Montana, Plaintiff and Respondent, v. Jeff Wayne BROWN, Defendant and Appellant.

Supreme Court of Montana.

Decided December 22, 1993.


Attorney(s) appearing for the Case

Wendy Holton, Helena, for defendant and appellant.

Joseph P. Mazurek, Atty. Gen., Michael Wellenstein, Asst. Atty. Gen., Helena, Richard J. Llewellyn, Jefferson County Atty., Boulder, for plaintiff and respondent.


WEBER, Justice.

Defendant Jeff Wayne Brown appeals the judgment by the District Court of the Fifth Judicial District, Jefferson County, which sentenced him to forty years of imprisonment. We affirm in part, vacate in part and remand.

The issues for review are restated as follows:

1. Did the District Court err in imposing two ten-year sentences under the weapon enhancement statute when the underlying charges of felony assault arose from the same incident...

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