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STATE v. VANWINKLE

No. DA 07-0151.

186 P.3d 1258 (2008)

2008 MT 208

STATE of Montana, Plaintiff and Appellee, v. Jerry Gene VanWINKLE, JR., Defendant and Appellant.

Supreme Court of Montana.

Decided June 17, 2008.

Attorney(s) appearing for the Case

For Appellant: Brian C. Smith; Office of the Public Defender Missoula, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; Mark Mattioli, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney; Patricia Bower, Deputy County Attorney, Missoula, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Jerry Gene VanWinkle, Jr. (VanWinkle) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on his conviction and sentence for felony burglary. We reverse and remand with instructions.

¶ 2 The issue on appeal is whether the District Court imposed an illegal sentence when it ordered VanWinkle to pay an $85 fee to the local community service program...

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