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STATE v. SUISTE

No. 93-002.

862 P.2d 399 (1993)

STATE of Montana, Plaintiff and Respondent, v. Kenneth SUISTE, Defendant and Appellant.

Supreme Court of Montana.

Decided October 26, 1993.

Attorney(s) appearing for the Case

Billy B. Miller, Miller & Cook, Great Falls, for defendant and appellant.

Joseph P. Mazurek, Atty. Gen., Barbara C. Harris, Asst. Atty. Gen., Helena, Patrick L. Paul, Cascade County Atty., Deborah Kim Christopher, Deputy Cascade County Atty., Great Falls, for plaintiff and respondent.

HUNT, Justice.

Defendant Kenneth Suiste appeals from an order of the Eighth Judicial District Court, Cascade County, revoking his suspended sentence for sexual intercourse without consent and designating him as a dangerous offender without the possibility of parole.

We reverse and remand.

Defendant raises two issues on appeal.

1. Did the District Court err by designating defendant a dangerous offender pursuant to § 46-18-404(4), MCA (enacted...

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