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State v. Hart12/14/2000
derlying offense requires proof of the use of a weapon violates the double jeopardy provision of Montana's Constitution. Guillaume, 16.
The holding of Guillaume applies retroactively to all cases not yet final. State v. Aguilar, 1999 MT 159, 13, 295 Mont. 133, 13, 983 P.2d 245, 13.
The State concedes that the District Court's sentence is in violation of Guillaume. Therefore, we vacate the enhanced portion of Hart's sentence and remand for entry of judgment consistent with this opinion.
56 Affirmed in part and vacated in part.
JIM REGNIER
We Concur:
J. A. TURNAGE
JAMES C. NELSON
WILLIAM E. HUNT, SR.
TERRY N. TRIEWEILER
KARLA M. GRAY
W. WILLIAM LEAPHART
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