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STATE v. BERGER

No. 93-032.

856 P.2d 552 (1993)

The STATE of Montana, Plaintiff and Respondent, v. Richard Wayne BERGER, Defendant and Appellant.

Supreme Court of Montana.

Decided July 15, 1993.

Attorney(s) appearing for the Case

Lawrence A. LaFountain, Havre, for defendant and appellant:

Joseph P. Mazurek, Atty. Gen., Kathy Seeley Asst. Atty. Gen., Helena, and David G. Rice, Hill County Atty., Havre, for plaintiff and respondent.

NELSON, Justice.

This is an appeal from the Twelfth Judicial District Court, Hill County, wherein the appellant, Richard Wayne Berger, pled guilty to the offense of criminal sale of dangerous drugs in violation of § 45-9-101, MCA, pursuant to a plea agreement under which he reserved his right to appeal the application of § 46-11-503, MCA, to this case. We hold that § 46-11-503, MCA, does not bar the prosecution of the appellant for the offense of criminal...

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