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STATE v. WOODS

No. 97-041.

951 P.2d 981 (1997)

STATE of Montana, Plaintiff and Respondent, v. Jeremy Cord WOODS, Defendant and Appellant.

Supreme Court of Montana.

Decided December 23, 1997.

Attorney(s) appearing for the Case

Jeremy Cord Woods, Deer Lodge, pro se.

Joseph P. Mazurek, Attorney General, Jennifer Anders, Assistant Attorney General, Mike McGrath, Lewis and Clark County Attorney, Lisa Leckie, Deputy Lewis and Clark County Attorney, Helena, for Plaintiff and Respondent.

HUNT, Justice.

Jeremy Cord Woods (Appellant) appeals from an order of the First Judicial District Court, Lewis and Clark County, granting the State's petition for destruction of evidence held by the Helena Police Department. We affirm.

We frame the issues on appeal as follows:

1. Did the District Court err when it imposed restitution as part of the underlying sentence?

2. Did the District Court err when it granted the State's petition for destruction...

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