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STATE v. NELSON

No. DA 07-0339.

195 P.3d 826 (2008)

2008 MT 359

STATE of Montana, Plaintiff and Appellee, v. Timothy Scott NELSON, Defendant and Appellant.

Supreme Court of Montana.

Decided October 28, 2008.

Attorney(s) appearing for the Case

For Appellant: Justin B. Lee, Burk, Lee & Bieler, PLLC, Choteau, Montana, Colin M. Stephens, John E. Smith Law Offices, Missoula, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Tammy Plubell, Assistant Attorney General, Helena, Montana, Mary Ann Ries, Pondera County Attorney, Conrad, Montana.

For Amicus Curiae Patients and Families United and American Civil Liberties Union Foundation of Montana: Elizabeth L. Griffing, ACLU of Montana Foundation, Missoula, Montana, Craig Shannon, Patients and Families United, Missoula, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Timothy Scott Nelson (Nelson) appeals two sentencing conditions imposed on him in the District Court of the Ninth Judicial District Court, Pondera County. We reverse the imposition of the challenged sentencing conditions and remand for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Sometime in April 2006, Pondera County Deputy Sheriff...

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