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STATE v. COVINGTON

No. DA 10-0426.

272 P.3d 43 (2012)

2012 MT 31

364 Mont. 118

STATE of Montana, Plaintiff and Appellee, v. Richard Edward COVINGTON, Defendant and Appellant.

Supreme Court of Montana.

Decided February 8, 2012.

Attorney(s) appearing for the Case

For Appellant: Colin M. Stephens , Colin Gerstner , Smith & Stephens, P.C., Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; C. Mark Fowler , Assistant Attorney General, Helena, Montana, Scott Twito , Yellowstone County Attorney; Rod Souza , Deputy County Attorney, Billings, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Richard Covington (Covington) appeals his convictions for robbery and deliberate homicide in the Thirteenth Judicial District, Yellowstone County. We affirm.

¶ 2 Covington raises the following issues:

¶ 3 Issue 1: Whether the existence of facts, including a prior conviction, that trigger the application of the sentence enhancement process of § 46-18-219(1)(b)(iv), MCA...

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