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STATE v. JOHNSON

No. 01-016.

37 P.3d 701 (2001)

2001 MT 277

STATE of Montana, Plaintiff and Respondent, v. Darryl JOHNSON, Defendant and Appellant.

Supreme Court of Montana.

Decided December 19, 2001.

Attorney(s) appearing for the Case

For Appellant: Michael Klinkhammer, Deputy Yellowstone County Public Defender, Billings, MT.

For Respondent: Hon. Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, MT, Dennis Paxinos, Yellowstone County Attorney; Daniel L. Schwarz, Deputy County Attorney, Billings, MT.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Appellant, Darryl Johnson, was charged by Information filed in the District Court for the Thirteenth Judicial District in Yellowstone County with criminal possession of dangerous drugs, a felony. Pursuant to a plea agreement, Johnson plead guilty and was sentenced to five years in the Montana State Prison, all of which was suspended. Nine months later, the Respondent, State of Montana, petitioned...

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