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STATE v. HART

No. 99-023.

15 P.3d 917 (2000)

2000 MT 332

The STATE of Montana, Plaintiff and Respondent, v. David HART, Defendant and Appellant.

Supreme Court of Montana.

Decided December 14, 2000.

Rehearing Denied January 11, 2001.

Attorney(s) appearing for the Case

William F. Hooks, Attorney at Law, Helena, MT, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, MT, Dennis Paxinos, Yellowstone County Attorney, Billings, MT, For Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 David Hart appeals from the conviction and sentence entered by the Thirteenth Judicial District Court, Yellowstone County, sentencing him to 12-years' imprisonment for felony assault. We affirm Hart's conviction, but strike part of his sentence and remand for entry of judgement consistent with this opinion.

¶ 2 Hart's appeal raises the following issues:

¶ 3 1. Whether the District...

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