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STATE v. HENDERSON

No. DA 06-0613.

188 P.3d 1011 (2008)

2008 MT 230

344 Mont. 371

STATE of Montana, Plaintiff and Appellee, v. Patrick Lawrence HENDERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided July 1, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Roberta R. Zenker, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Brant S. Light, Cascade County Attorney; Joel Thompson, Deputy County Attorney, Great Falls, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Patrick Henderson appeals an order entered in the Eighth Judicial District Court, Cascade County, denying a motion to correct his sentence to credit him for an additional 301 days of time served prior to the time judgment was entered.

¶ 2 The sole issue on appeal is whether Henderson's sentence is illegal because the District Court, when imposing...

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