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STATE v. WATERS

No. 98-087.

987 P.2d 1142 (1999)

1999 MT 229

The STATE of Montana, Plaintiff and Respondent, v. Christopher M. WATERS, Defendant and Appellant.

Supreme Court of Montana.

Decided September 28, 1999.

Attorney(s) appearing for the Case

Chad Wright, Appellate Defender Office, Helena, Montana, For Appellant.

Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General, Helena, Montana; Lee R. Kerr, Rosebud County Attorney, Forsyth, Montana, For Respondent.

Justice WILLIAM E. HUNT, SR. delivered the Opinion of the Court.

¶ 1 Christopher M. Waters (Waters) appeals from the Sentencing Order of the Sixteenth Judicial District Court, Rosebud County. We reverse and remand.

Issues Presented

¶ 2 There are two issues on appeal:

¶ 3 (1.) Does the new judicial rule that oral pronouncement of sentence is the legally effective judgment apply retroactively to Waters' appeal?

¶...

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