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STATE v. BRANHAM

No. DA 10-0614.

269 P.3d 891 (2012)

2012 MT 1

363 Mont. 281

STATE of Montana, Plaintiff and Appellee, v. Charles Ivan BRANHAM, Defendant and Appellant.

Supreme Court of Montana.

Decided January 3, 2012.

Attorney(s) appearing for the Case

For Appellant: David Avery , Avery Law Office, Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Mardell Ployhar , Assistant Attorney General, Helena, Montana, Fred Van Valkenburg , Missoula County Attorney; Kristen LaCroix , Suzy Boylan , Deputy County Attorneys, Missoula, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Charles Ivan Branham appeals from the October 22, 2010 judgment and conviction of the Fourth Judicial District Court, Missoula County, entered after a jury trial, adjudging him guilty of mitigated deliberate homicide, § 45-5-103, MCA, and sentencing him to forty years at the Montana State Prison without the possibility of parole.

FACTUAL BACKGROUND

¶ 2 During the night...

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