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STATE v. RARDON

No. 00-431.

61 P.3d 132 (2002)

2002 MT 345

STATE of Montana, Plaintiff and Respondent, v. William Lester RARDON, Defendant and Appellant.

Supreme Court of Montana.

Decided December 30, 2002.

Attorney(s) appearing for the Case

For Appellant: Chad Wright, Appellate Defenders' Office, Helena, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Pamela D. Bucy, Assistant Montana Attorney General, Helena, Montana; Thomas Esch, Flathead County Attorney, Kalispell, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 This is the second appeal by William Lester Rardon (Rardon) from the sentence imposed by the Eleventh Judicial District Court.1 We reverse and remand.

ISSUES

¶ 2 The issue before this Court is whether the prosecutor breached the plea agreement when he elicited testimony allegedly undercutting the plea agreement and expressed his opinion that...

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