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STATE v. OSBORNE

No. 05-143.

124 P.3d 1085 (2005)

2005 MT 264

329 Mont. 95

STATE of Montana, Plaintiff and Respondent, v. Steven Lee OSBORNE, Defendant and Appellant.

Supreme Court of Montana.

Decided October 25, 2005.

Rehearing Denied December 14, 2005.

Attorney(s) appearing for the Case

For Appellant: Kristina Neal, Assistant Appellate Defender, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Robert J. Long, County Attorney, Polson, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Steven Lee Osborne (Osborne) was convicted of felony driving under the influence (DUI). Pursuant to a plea agreement, the court designated Osborne as a persistent felony offender and sentenced him to ten years in prison, five of which were suspended.

¶ 2 Osborne filed a petition for postconviction relief, asserting that the court exceeded its sentencing authority. The District Court...

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