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STATE v. FLANAGAN

No. 02-183.

68 P.3d 796 (2003)

2003 MT 123

STATE of Montana, Plaintiff and Respondent, v. Jack Wayne FLANAGAN, Defendant and Appellant.

Supreme Court of Montana.

Decided April 29, 2003.

Attorney(s) appearing for the Case

John Bohlman, Attorney at Law, Roundup, Montana, For Appellant.

Hon. Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Catherine Truman, Musselshell County Attorney, Roundup, Montana, For Respondent.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Jack Wayne Flanagan pled guilty to felony sexual assault. The Fourteenth Judicial District Court, Musselshell County, imposed a 10-year prison sentence, suspended on conditions. Flanagan appeals. We affirm in part, reverse in part and remand.

¶ 2 We address the following issues:

¶ 3 1. Did the District Court err in making findings based on a presentence investigation...

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