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STATE v. HERNANDEZ

No. DA 08-0501.

220 P.3d 25 (2009)

2009 MT 341

353 Mont. 111

STATE of Montana, Plaintiff and Appellee, v. David Reko HERNANDEZ, Defendant and Appellant.

Supreme Court of Montana.

Decided October 20, 2009.

Rehearing Denied November 18, 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; Sheri K. Sprigg, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Ann Marie McKittrick, Deputy County Attorney, Billings, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 David Reko Hernandez was convicted in the Thirteenth Judicial District Court, Yellowstone County, of sexual assault on a child. He was sentenced to serve twenty-five years at Montana State Prison with the last ten years of the sentence suspended and was designated a Level III Offender and a Sexually Violent Predator. Hernandez appeals from the imposition of a condition on his suspended sentence which...

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