STATE v. RUSSELL

No. DA 06-0767.

198 P.3d 271 (2008)

2008 MT 417

347 Mont. 301

STATE of Montana, Plaintiff and Appellee, v. Rusty Lee-Ray RUSSELL, Defendant and Appellant.

Supreme Court of Montana.

Submitted April 23, 2008.

Decided December 15, 2008.


Attorney(s) appearing for the Case

For Appellant: James B. Wheelis, Chief Public Defender; Shannon L. McDonald, Assistant Public Defender; Helena, Montana, Gem Koan Mercer (argued); Attorney at Law, Missoula, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; John A. Paulson (argued), Assistant Attorney General; Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Billings, Montana.


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

¶ 1 Following a jury trial in the Thirteenth Judicial District, Rusty Lee-Ray Russell ("Russell") was found guilty of deliberate homicide (under a felony homicide theory), aggravated assault, robbery by accountability, and aggravated assault by accountability. He was sentenced to eighty years (with ten suspended) for the deliberate homicide. He also received ten years for each of the remaining counts...

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