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STATE v. SMIETANKA

No. DA 07-0668.

195 P.3d 797 (2008)

2008 MT 357

STATE of Montana, Plaintiff and Appellee, v. Joseph SMIETANKA, Defendant and Appellant.

Supreme Court of Montana.

Decided October 21, 2008.

Attorney(s) appearing for the Case

For Appellant: Jack H. Morris, Jardine, Morris & Tranel, Whitehall, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; J. Stuart Segrest, Assistant Attorney General, Helena, Montana and Matthew Johnson, Jefferson County Attorney, Boulder, Montana.

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

¶ 1 Joseph Smietanka (Smietanka) appeals from the judgment entered by the Fifth Judicial District Court, Jefferson County on his conviction and sentence for the misdemeanor offenses of assault and negligent endangerment. We reverse and remand for resentencing.

¶ 2 Smietanka raises the following issues on appeal:

¶ 3 1. Did the District Court err in ordering Smietanka to...

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