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STATE v. EVERT

No. 03-152.

93 P.3d 1254 (2004)

2004 MT 178

STATE of Montana, Plaintiff and Respondent, v. Raymond E. EVERT, Defendant and Appellant.

Supreme Court of Montana.

Decided July 6, 2004.

Attorney(s) appearing for the Case

For Appellant: Chad Wright, Appellate Defender, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana, Ed Corrigan, County Attorney, Kalispell, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Raymond E. Evert (Evert) appeals the sentence the District Court imposed upon resentencing. We reverse and remand.

¶ 2 The issues on appeal are restated into the following single issue: Did the District Court have jurisdiction to resentence Evert?

Factual and Procedural Background

¶ 3 Evert pleaded guilty pursuant to a plea agreement to the offense of...

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