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STATE v. HOOTS

No. 04-140.

127 P.3d 369 (2005)

2005 MT 346

330 Mont. 144

STATE of Montana, Plaintiff and Respondent, v. John Harvey HOOTS, Defendant and Appellant.

Supreme Court of Montana.

Decided December 28, 2005.

Attorney(s) appearing for the Case

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

For Respondent: Hon. Mike McGrath, Montana Attorney General, Pamela P. Collins, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney, David Carter, Deputy County Attorney, Billings, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 John Harvey Hoots (Hoots), appeals from the Judgment of the District Court of the Thirteenth Judicial District, Yellowstone County, designating him as a persistent felony offender, imposing fines, and sentencing him to several concurrent terms of incarceration upon his conviction of four offenses. We affirm in part, reverse in part, and remand for re-sentencing.

¶ 2 The issues on appeal...

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