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STATE v. FOSTON

No. DA 08-0225.

209 P.3d 262 (2009)

2009 MT 191

351 Mont. 85

STATE of Montana, Plaintiff and Appellee, v. Johnnie Lee FOSTON, Defendant and Appellant.

Supreme Court of Montana.

Submitted May 5, 2009.

Decided May 28, 2009.

Attorney(s) appearing for the Case

For Appellant: Joseph Palmer Howard, Attorney at Law (argued), Great Falls, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Mark W. Mattioli, Assistant Attorney General (argued), Helena, Montana, Fred R. Van Valkenburg, Missoula County Attorney; Andrew Paul, Deputy County Attorney, Missoula, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Johnnie Lee Foston was convicted by a Missoula County jury of two counts of felony distribution of dangerous drugs (cocaine) in violation of § 45-9-101, MCA. He received a sentence of twenty years in the Montana State Prison on each count, to run consecutively, with the sentence on the second count suspended.

¶ 2 Foston presents the following issues for review:

¶...

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