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STATE v. HUBBEL

No. 99-183.

20 P.3d 111 (2001)

2001 MT 31

STATE of Montana, Plaintiff and Respondent, v. Wesley C. HUBBEL, Defendant and Appellant.

Supreme Court of Montana.

Decided February 22, 2001.

Rehearing Granted March 20, 2001.

As Modified March 20, 2001.

Attorney(s) appearing for the Case

Chad Wright, Assistant Appellate Defender, Appellate Defender Office, Helena, MT, For Appellant.

Joseph P. Mazurek, Montana Attorney General, Pamela P. Collins, Assistant Montana Attorney General, Helena, MT; George H. Corn, Ravalli County Attorney, James N. Mickelson, Special Deputy Ravalli County Attorney, Hamilton, MT, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Wesley Hubbel was convicted in the Twenty-First Judicial District Court, Ravalli County, by a jury of aggravated assault for shooting his wife. He was sentenced to 20 years in Montana State Prison with an additional 2 years for the use of a weapon, with 10 years suspended. Hubbel appeals from this conviction and sentence. We affirm in part and remand for further proceedings.

¶ 2 The...

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