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STATE v. HABETS

No. DA 11-0189.

264 P.3d 1139 (2011)

2011 MT 275

362 Mont. 406

STATE of Montana, Plaintiff and Appellee, v. Ross Roberts HABETS, Defendant and Appellant.

Supreme Court of Montana.

Decided November 8, 2011.

Attorney(s) appearing for the Case

For Appellant: Jon Ellingson , Attorney at Law, Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Sheri K. Sprigg , Assistant Attorney General, Helena, Montana, John Parker , Cascade County Attorney; Kory Larsen , Deputy County Attorney, Great Falls, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Ross Roberts Habets (Habets) appeals his sentence for aggravated assault imposed in the Eighth Judicial District, Cascade County. The District Court committed Habets to the Department of Corrections (DOC) for one year and sentenced him to the Montana State Prison (MSP) for 19 years. Habets argues that his mental condition required the court to sentence him to a rehabilitative program and a less lengthy...

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