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STATE v. BROOKS

No. DA 10-0067.

243 P.3d 405 (2010)

2010 MT 226

358 Mont. 51

STATE of Montana, Plaintiff and Appellee, v. Daniel Fitzgerald BROOKS, Defendant and Appellant.

Supreme Court of Montana.

Decided October 26, 2010.

Attorney(s) appearing for the Case

For Appellant: Hillary Prugh Carls , Angel, Coil, & Bartlett, Bozeman, Montana, Christopher J. Daly , Office of the Public Defender, Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Tammy K. Plubell , Assistant Attorney General, Helena, Montana, Fred Van Valkenburg , Missoula County Attorney; Shawn Patrick Thomas , Betty Wing, Deputy County Attorneys, Missoula, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Daniel Brooks appeals the judgment of the Fourth Judicial District Court, Missoula County, sentencing him to ten years in prison with five years suspended under the State's persistent felony offender (PFO) sentencing statute, § 46-18-502, MCA. We affirm.

¶ 2 We address the following issues on appeal:

¶ 3 I. Whether Brooks...

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