STATE v. WARDELL

No. 03-787.

122 P.3d 443 (2005)

2005 MT 252

329 Mont. 9

STATE of Montana, Plaintiff and Respondent, v. Kim Conrad WARDELL, Defendant and Appellant.

Supreme Court of Montana.

Decided October 18, 2005.


Attorney(s) appearing for the Case

For Appellant: Kristina Neal, Assistant Appellate Defender, Helena, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Ed Corrigan, Flathead County Attorney, Kalispell, Montana.


Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Kim Wardell (Wardell) was convicted by a Flathead County jury for failing to register as a sex offender. Wardell had previously been convicted of a felony in South Dakota, and was sentenced as a persistent felony offender. He was originally sentenced to forty-five years in prison with thirty years suspended. He appealed; however, this Court concluded his counsel had not properly preserved the issues...

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