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STATE v. SMITH

Nos. 92-149 and 92-133.

863 P.2d 1000 (1993)

STATE of Montana, Plaintiff and Respondent, v. Ronald Allen Smith, Defendant and Appellant.

Supreme Court of Montana.

Decided November 9, 1993.

Attorney(s) appearing for the Case

William F. Hooks (argued), Appellate Defender Office, Helena, for defendant and appellant.

Joseph P. Mazurek, Attorney General, Elizabeth L. Griffing (argued), Asst. Gen., Helena, Helena; and Thomas J. Esch, Flathead County Atty., Kalispell, for plaintiff and respondent.

GRAY, Justice.

Ronald Smith appeals from the Findings of Fact, Conclusions of Law, Order and Judgment entered by the Eleventh Judicial District Court, Flathead County, imposing the death penalty. We reverse and remand for resentencing.

We consider the following issues on appeal:

1. Did the District Court violate Smith's Fifth Amendment, Sixth Amendment or due process rights by considering Stratford's report and testimony?

2. Did the District...

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