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STATE v. FERGUSON

No. 04-421.

126 P.3d 463 (2005)

2005 MT 343

330 Mont. 103

STATE of Montana, Plaintiff and Respondent, v. Pacer FERGUSON, Defendant and Appellant.

Supreme Court of Montana.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Jack E. Sands, Attorney at Law, Billings, Montana, for Appellant.

Hon. Mike McGrath, Montana Attorney General, Jennifer Anders, Assistant Attorney General, Helena Montana, Dennis Paxinos, Yellowstone County Attorney, Mark J. Murphy, Deputy County Attorney, Billings, Montana, for Respondent.

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

¶ 1 Pacer Anthony Ferguson (Ferguson) appeals from the Judgment of the District Court of the Thirteenth Judicial District, Yellowstone County, sentencing him to prison upon his conviction for the offense of attempted robbery. We affirm in part, reverse in part, and remand for re-sentencing.

¶ 2 Ferguson raises the following issues:

¶ 3 1. Did the District Court err in allowing...

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