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STATE v. SMITH

Nos. 95-477, 95-494.

931 P.2d 1272 (1996)

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

Supreme Court of Montana.

Submitted November 7, 1996.

Decided December 13, 1996.

Attorney(s) appearing for the Case

Gregory A. Jackson, Jackson & Rice, Helena and Donald Vernay, Big Fork, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Elizabeth Griffing, Assistant Attorney General, Helena and Thomas Esch, County Attorney, Kalispell, for Plaintiff and Respondent.

TURNAGE, Chief Justice.

Ronald Allen Smith appeals from the September 19, 1995 judgment of the Eleventh Judicial District Court, Flathead County, ordering that he be executed according to the laws of the State of Montana. His appeal is here consolidated with this Court's automatic review of a death penalty case. We affirm.

The issues are:

1. Is the sentence imposed the result of vindictive prosecution by...

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