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STATE v. GUNDERSON

No. DA 08-0499.

237 P.3d 74 (2010)

2010 MT 166

STATE of Montana, Plaintiff and Appellee, v. David W. GUNDERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided July 27, 2010.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender, Sarah Chase Rosario y Naber (argued), Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock, Montana Attorney General, Tammy K. Plubell (argued), Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney, Ann Marie McKittrick, Deputy County Attorney, Billings, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 After a jury trial in Yellowstone County, David Gunderson was convicted of burglary and attempted sexual intercourse without consent. The District Court for the Thirteenth Judicial District determined that Gunderson was a persistent felony offender; hence the court sentenced him to 100 years in prison on the burglary charge along with a consecutive term of life in prison on the charge of attempted...

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