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STATE v. HERD

No. 02-563.

87 P.3d 1017 (2004)

2004 MT 85

STATE of Montana, Plaintiff and Respondent, v. Michelle Lee HERD, Defendant and Appellant.

Supreme Court of Montana.

Decided April 6, 2004.

Attorney(s) appearing for the Case

For Appellant: Kenneth R. Olson, Attorney at Law, Great Falls, Montana.

For Respondent: Hon. Mike McGrath, Montana Attorney General, Jennifer Anders, Assistant Attorney General, Helena, Montana; Fred Van Valkenburg, Missoula County Attorney, Missoula, Montana.

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

¶ 1 Michelle Lee Herd appeals a sentencing condition imposed in the District Court Judgment which followed her plea of guilty to four counts of negligent homicide. We reverse and remand.

ISSUE

¶ 2 Did the District Court err when it ordered, as a condition of her sentence for negligent homicide, that Herd be barred from driving for forty years?

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