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STATE v. GALLMEIER

No. DA 08-0227.

203 P.3d 852 (2009)

2009 MT 68

STATE of Montana, Plaintiff and Appellee, v. Felicia GALLMEIER, Defendant and Appellant.

Supreme Court of Montana.

Decided March 4, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Roberta R. Zenker, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Sheri K. Sprigg, Assistant Attorney General, Helena, Montana, Brant S. Light, Cascade County Attorney; Kory Larsen, Deputy County Attorney, Great Falls, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Felicia Gallmeier (Gallmeier) appeals her sentence in the Eighth Judicial District, Cascade County, for robbery. The District Court sentenced Gallmeier to the Montana Women's Prison. Gallmeier argued that her mental condition required the court to sentence her to the Department of Public Health and Human Services (DPHHS).

¶ 2 We review the following issue on appeal:

¶ 3

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