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STATE v. SIMPSON

No. DA 08-0147.

203 P.3d 791 (2009)

2009 MT 43

349 Mont. 275

STATE of Montana, Plaintiff and Appellee, v. Jason Scott SIMPSON, Defendant and Appellant.

Supreme Court of Montana.

Decided February 18, 2009.

Attorney(s) appearing for the Case

For Appellant: James B. Wheelis, Chief Appellate Defender; Ann-Marie K. Simeon, Legal Intern; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Mark W. Mattioli, Assistant Attorney General; Helena, Montana. Dennis Paxinos, Yellowstone County Attorney; Billings, Montana.

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

¶ 1 Jason Scott Simpson ("Simpson") pled guilty to felony common scheme theft by embezzlement. He appeals from his sentence. We affirm in part and reverse in part.

¶ 2 Simpson appeals from certain conditions of his deferred imposition of sentence: (1) no drugs or alcohol, (2) obtaining a mental health evaluation and (3) no casinos or gambling...

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