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STATE v. BARNHART

No. 96-559.

942 P.2d 718 (1997)

STATE of Montana, Plaintiff and Respondent, v. Daniel BARNHART, Defendant and Appellant.

Supreme Court of Montana.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Jeffrey T. Renz and Matt Putzier, Jr., Montana Defender Project, University of Montana School of Law, Missoula, for Appellant.

Joseph P. Mazurek, Attorney General Elizabeth Griffing, Ass't Attorney General, Helena, Montana Brant Light, Cascade County Attorney, Great Falls, for Respondent.

LEAPHART, Justice.

Daniel Barnhart (Barnhart), appeals from the Eighth Judicial District Court's order sentencing him to twenty years in the Montana State Prison. We reverse and remand for resentencing.

The following issue is raised on appeal:

May a sentencing court bypass the sexual offender evaluation requirement of § 46-18-111(1), MCA, based upon an assumption that the defendant will not cooperate in the evaluation or will not benefit from...

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