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STATE v. VAINIO

No. 00-469.

35 P.3d 948 (2001)

306 Mont. 439

2001 MT 220

STATE of Montana, Plaintiff and Respondent, v. David G. VAINIO, Defendant and Appellant.

Supreme Court of Montana.

Decided November 7, 2001.

Attorney(s) appearing for the Case

John Smith, David C. Avery, Smith & Thiel, Missoula, MT, For Appellant.

Mike McGrath, Montana Attorney General, Barbara C. Harris, Kathy Seeley, Assistant Montana Attorneys General, Helena, MT, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 David G. Vainio (David), a licensed optometrist, was charged in the First Judicial District Court, Lewis and Clark County, with three counts of Medicaid fraud and one count of unsworn falsification to authorities. Following a jury trial, David was found guilty of two of the Medicaid fraud counts as well as the count of unsworn falsification to authorities. His sentences on the Medicaid fraud counts...

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