STATE v. HOLT

No. DA 10-0060.

249 P.3d 470 (2011)

2011 MT 42

STATE of Montana, Plaintiff and Appellee, v. Barry K. HOLT, Defendant and Appellant.

Supreme Court of Montana.

Decided March 11, 2011.


Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt , Chief Appellate Defender; Eileen A. Larkin , Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Sheri K. Sprigg , Assistant Attorney General, Helena, Montana, Alex Nixon , Carbon County Attorney, Red Lodge, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Barry Holt appeals from his sentence following his guilty plea to a charge of burglary under § 45-6-204, MCA. We affirm in part, reverse in part, and remand for limited resentencing.

BACKGROUND

¶ 2 In the early morning hours of November 12, 2006, Holt looked into the windows of a house and saw a 12-year-old girl asleep. He...

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