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STATE v. SMART

No. DA 07-0631.

201 P.3d 123 (2009)

2009 MT 1

348 Mont. 274

STATE of Montana, Plaintiff and Appellee, v. Forrest Scott SMART, Defendant and Appellant.

Supreme Court of Montana.

Decided January 6, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender, Koan Mercer, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General, Mark W. Mattioli, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney, Ann-Marie McKittrick, Deputy County Attorney, Billings, Montana.

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

¶ 1 Forrest Scott Smart (Smart) entered a guilty plea in Montana's Thirteenth Judicial District Court to two counts of sexual intercourse without consent. The District Court accepted the State's recommendation and sentenced Smart to twenty years in the Montana State Prison (MSP) with ten years suspended. The court also imposed numerous conditions on the suspended portion of Smart's sentence. Smart...

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