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STATE v. WINKEL

No. DA 07-0025.

182 P.3d 54 (2008)

2008 MT 89

342 Mont. 267

STATE of Montana, Plaintiff and Appellee, v. Britten WINKEL, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided March 18, 2008.

Rehearing Denied April 23, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Joslyn M. Hunt (argued), Assistant Appellate Defender, Helena, Montana.

For Appellee: Honorable Mike McGrath, Attorney General; Mark W. Mattioli (argued), Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Sheila Kolar, Deputy County Attorney, Billings, Montana.

For Amici Curiae: William F. Hooks (argued) and Chad Wright, Hooks & Wright, P.C., Helena, Montana (Montana Association of Criminal Defense Lawyers), Merle Raph, Attorney at Law, Shelby, Montana (Montana County Attorneys Association), Diana L. Koch, Special Assistant Attorney General, Helena, Montana (Montana Department of Corrections).

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

¶ 1 Britten Winkel, Jr. ("Winkel"), appeals from the sentence imposed by the Thirteenth Judicial District, Yellowstone County, following his conviction for felony and misdemeanor drug possession charges. We affirm.

¶ 2 We restate the issues as follows:

¶ 3 I. Did the District Court err in prohibiting Winkel, as a condition of his...

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