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STATE v. JOHNSON

No. 02-119.

58 P.3d 172 (2002)

2002 MT 251

STATE of Montana, Plaintiff and Respondent, v. Ira Thomas JOHNSON, Defendant and Appellant.

Supreme Court of Montana.

Decided November 19, 2002.

Attorney(s) appearing for the Case

Carl G. DeBelly, Jr., Attorney at Law, Lewistown, Montana, For Appellant.

Hon. Mike McGrath, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana, Thomas P. Meissner, Fergus County Attorney, Lewistown, Montana, For Respondent.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 A jury found Ira Thomas Johnson guilty of assault with a weapon and not guilty of two counts of partner or family member assault. The Tenth Judicial District Court, Fergus County, sentenced Johnson and entered judgment. Johnson appeals from the sentence and we affirm.

¶ 2 The issue before us is whether the District Court violated constitutional prohibitions against cruel and unusual...

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