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State v. Losh

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eBook details

  • Title: State v. Losh
  • Author : Supreme Court of Montana
  • Release Date : January 05, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

Appellant challenges (1) the validity of the upward durational departure of her sentence under Blakely v. Washington, 124 S.Ct. 2531 (2004) and (2) the revocation of her probation and execution of her sentence. Because we hold that Blakely does not apply retroactively to a pending probation-revocation appeal after the time to file a direct appeal from the final judgment has expired, we affirm appellants sentence. And because the district court did not abuse its discretion by revoking appellants probation, we affirm the execution of her sentence.


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