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STATE v. McDOWELL

No. DA 09-0474.

253 P.3d 812 (2011)

2011 MT 75

360 Mont. 83

STATE of Montana, Plaintiff and Appellee, v. Shawn Earl McDOWELL, Defendant and Appellant.

Supreme Court of Montana.

Decided April 14, 2011.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt , Chief Appellate Defender; Shiloh Hernandez , Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Sheri K. Sprigg , Assistant Attorney General, Helena, Montana, John T. Flynn , Broadwater County Attorney, Townsend, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Shawn McDowell pleaded no contest in the District Court of the First Judicial District, Broadwater County, to assault with a weapon and burglary. He appeals his sentences. We affirm in part, reverse in part and remand to the District Court.

ISSUES

¶ 2 McDowell raises two issues on appeal:

1. Whether the prosecutor breached the plea agreement. 2. Whether...

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