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STATE v. GILLINGHAM

No. DA 06-0233.

176 P.3d 1075 (2008)

2008 MT 38

341 Mont. 325

STATE of Montana, Plaintiff and Appellee, v. Richard Wayne GILLINGHAM, Defendant and Appellant.

Supreme Court of Montana.

Decided February 5, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Shannon McDonald, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶1 Richard Gillingham appeals from a judgment in the Fourth Judicial District, Missoula County, revoking his suspended sentences and sentencing him to serve forty-five years at Montana State Prison.

¶2 We determine that the following two issues are dispositive of this appeal:

¶ 3 1. Did the District Court err in revoking Gillingham's suspended...

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