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STATE v. WEITZEL

No. 99-047.

998 P.2d 1154 (2000)

2000 MT 86

STATE of Montana, Plaintiff and Respondent, v. Richard Alfred WEITZEL, Defendant and Appellant.

Supreme Court of Montana.

Decided April 6, 2000.

Attorney(s) appearing for the Case

Thomas S. Winsor, Michael Scott Winsor, Winsor Law Firm, Helena, Montana, For Appellant.

Joseph P. Mazurek, Montana Attorney General, John Paulson, Assistant Montana Attorney General, Helena, Montana; Mike McGrath, Lewis and Clark County Attorney, Helena, Montana, For Respondent.

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

¶ 1 Richard Alfred Weitzel (Weitzel) appeals from a jury verdict finding him guilty of felony assault and the corresponding sentence imposed by the First Judicial District Court, Lewis and Clark County. We affirm the verdict but reverse the District Court's sentence enhancement for use of a weapon during the commission of an offense.

¶ 2 Weitzel raises three issues on appeal:

...

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