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STATE v. SHREVES

No. 01-410.

60 P.3d 991 (2002)

313 Mont. 252

2002 MT 333

STATE of Montana, Plaintiff and Respondent, v. Richard Edward SHREVES, Defendant and Appellant.

Supreme Court of Montana.

Decided December 20, 2002.

Attorney(s) appearing for the Case

Randi M. Hood, Chief Public Defender, Helena, Montana, For Appellant.

Mike McGrath, Montana Attorney General, Tammy K. Plubell, Assistant Montana Attorney General, Helena, Montana; Leo Gallagher, Lewis and Clark County Attorney, Lisa Leckie, Deputy Lewis and Clark County Attorney, Helena, Montana, For Respondent.

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

¶ 1 Appellant Richard Shreves (Shreves) appeals the sentence imposed on him by the First Judicial District Court, Lewis and Clark County. Shreves asserts the District Court violated his right against self incrimination by basing his sentence in part on his failure to show remorse or accept responsibility for his crime. We reverse and remand for resentencing consistent with this Opinion.

¶...

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