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STATE v. KIME

No. DA 12-0320.

295 P.3d 580 (2013)

2013 MT 14

STATE of Montana, Plaintiff and Appellee, v. David KIME, Defendant and Appellant.

Supreme Court of Montana.

Decided January 29, 2013.

Attorney(s) appearing for the Case

For Appellant: Jeanne M. Walker , Hagen & Walker, PLLC, Billings, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Tammy A. Hinderman , Assistant Attorney General, Helena, Montana, Marty Lambert , Gallatin County Attorney; Eric Kitzmiller , Deputy County, Attorney, Bozeman, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 David Kime appeals from his sentence as a persistent felony offender. We affirm in part and reverse in part.

¶ 2 Kime presents the following issues for review:

¶ 3 Issue One: Whether the District Court erred by sentencing Kime as a persistent felony offender.

¶ 4 Issue Two: Whether the District Court erred in sentencing Kime to 30 days in jail for careless...

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