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STATE v. HEATH

No. 01-629.

90 P.3d 426 (2004)

2004 MT 126

321 Mont. 280

STATE of Montana, Plaintiff and Respondent, v. Douglas HEATH, Defendant and Appellant.

Supreme Court of Montana.

Decided May 14, 2004.

Attorney(s) appearing for the Case

For Appellant: Gary E. Wilcox, Billings, Montana.

For Respondent: Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Rod Souza, Deputy County Attorney, Billings, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Douglas Heath (Heath) entered guilty pleas to one count of theft, for violation of § 45-6-301(1)(a), MCA (1999), a felony, and one count of possession of burglary tools, a violation of § 45-6-205, MCA, a misdemeanor, and, on April 19, 2001, was sentenced to a term of ten years in the Montana State Prison, with two years suspended upon conditions, including payment of restitution. Heath appealed...

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