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STATE v. TRACY

No. 04-081.

113 P.3d 297 (2005)

2005 MT 128

327 Mont. 220

STATE of Montana, Plaintiff and Respondent, v. Sheldon TRACY, Defendant and Appellant.

Supreme Court of Montana.

Decided May 26, 2005.

Attorney(s) appearing for the Case

For Appellant: Jane M. Berger, Deputy Public Defender, Great Falls, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; Pamela P. Collins, Assistant Attorney General, Helena, Montana, Brant S. Light, County Attorney, and Marvin Anderson, Deputy County Attorney, Great Falls, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Sheldon Tracy (Tracy), appeals from an order of the Eighth Judicial District Court, Cascade County, sentencing him to Montana State Prison (MSP) for ten years, with five years suspended. We reverse and remand for further proceedings.

¶ 2 We address the following issues on appeal:

¶ 3 1. Did the District Court err when it revoked Tracy's ten-year suspended commitment to the Department...

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