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STATE v. HEAFNER

No. DA 09-0364.

231 P.3d 1087 (2010)

2010 MT 87

356 Mont. 128

STATE of Montana, Plaintiff and Appellee, v. Braden Lee HEAFNER, Defendant and Appellant.

Supreme Court of Montana.

Decided April 27, 2010.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender, Jim Wheelis, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Matthew T. Cochenour, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Sheila R. Kolar, Deputy County Attorney, Billings, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 This appeal involves the validity of the conditions of a criminal sentence, and more particularly the remedy to be imposed where discrete conditions of a sentence are illegal. We review a sentence involving incarceration of a year or more for legality. State v. Ruiz, 2005 MT 117, ¶ 8, 327 Mont. 109, 112 P.3d 1001

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