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STATE v. JOHNSON

No. 04-080.

125 P.3d 1096 (2005)

2005 MT 318

329 Mont. 497

STATE of Montana, Plaintiff and Respondent, v. John (Johnny) Darrell JOHNSON, Defendant and Appellant.

Supreme Court of Montana.

Decided December 19, 2005.

Attorney(s) appearing for the Case

Randi Hood, Chief Public Defender, Helena, Montana, for Appellant.

Hon. Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Leo Gallagher, Lewis and Clark County Attorney; Mike Menahan, Deputy County Attorney, Helena, Montana, for Respondent.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 John (Johnny) Darrell Johnson (Johnson) appeals from a judgment entered in the First Judicial District Court, Lewis and Clark County, imposing a life sentence. We affirm.

¶ 2 We restate and address the issue on appeal as follows: Must the judgment against Johnson be vacated because the prosecution failed to disclose exculpatory information in its possession to the defense a sufficient time...

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