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STATE v. SOUTHWICK

Nos. DA 06-0227, DA 06-0303.

169 P.3d 698 (2007)

2007 MT 257

STATE of Montana, Plaintiff and Appellee, v. Paul Jay SOUTHWICK, Defendant and Appellant.

Supreme Court of Montana.

Decided October 9, 2007.

Attorney(s) appearing for the Case

For Appellant: Jeremy Gersovitz, Helena, Montana.

For Appellee: Hon. Mike McGrath, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana, Brant S. Light, Cascade County Attorney; Susan Weber, Deputy County Attorney, Great Falls, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Paul Jay Southwick (Southwick) appeals from the denial of his motion for resentencing in the Eighth Judicial District, Cascade County.

¶ 2 We restate and address the issues on appeal as follows:

¶ 3 1. Does the doctrine of res judicata bar this Court's consideration of the merits of Southwick's claim that the District Court imposed an illegal sentence?

¶ 4 2. Does...

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