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STATE v. STARR

No. DA 06-0833.

169 P.3d 697 (2007)

2007 MT 238

339 Mont. 208

STATE of Montana, Plaintiff and Respondent, v. Jacob Ralph STARR, Defendant and Appellant.

Supreme Court of Montana.

Decided September 18, 2007.

Attorney(s) appearing for the Case

For Appellant: Edmund F. Sheehy, Jr., Regional Deputy Public Defender, Missoula, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Mark W. Mattioli, Assistant Attorney General, Helena, Montana, Fred R. VanValkenburg, County Attorney; Jennifer Clark, Deputy County Attorney, Missoula, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Jacob Ralph Starr appeals his sentence. Starr argues that the District Court erred by ordering him to repay $2,103.40 in court-appointed attorney's fees. We reverse and remand with instructions to strike the illegal portion of the sentence.

¶ 2 We restate the issue as follows:

¶ 3 Did the District Court err in finding Starr unable to pay a fine, and then sentencing...

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