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JOHNSON v. MAHONEY

No. DA 09-0111.

217 P.3d 1025 (2009)

2009 MT 275

352 Mont. 136

SAMUEL SCOTT JOHNSON, Petitioner and Appellant, v. MIKE MAHONEY, Warden, and STATE OF MONTANA, Respondents and Appellees.

Supreme Court of Montana.

Rehearing Denied September 23, 2009.

OPINION AND ORDER

COTTER, Judge.

¶ 1 On January 10, 1996, Samuel Scott Johnson (Johnson) pleaded guilty to felony aggravated kidnapping, in violation of § 45-5-303, MCA, and felony sexual intercourse without consent (SIWC), in violation of § 45-5-503, MCA. Johnson was sentenced to 10 years imprisonment on the aggravated kidnapping charge and 40 years on the SIWC charge. The terms of imprisonment were ordered to run concurrently at the Montana...

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