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State v. Silverson

Supreme Court of Montana

September 24, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
JAY ROBERT SILVERSON, Defendant and Appellant.

ORDER

The Appellant filed his opening brief in this appeal on August 12, 2013. The sole issue on appeal is whether the Eleventh Judicial District Court erred in considering Silverson's 1996 Michigan conviction of "driving while impaired" when sentencing him for felony DUI under Montana's DUI statutes. On September 11, 2013, the State of Montana filed notice conceding that the 1996 Michigan conviction should not have been considered for sentencing purposes.

Therefore,

IT IS ORDERED that Appellant Jay Robert Silverson's sentence for felony DUI in this case is VACATED, and this matter is remanded to the District Court for resentencing.

The Clerk is directed to provide copies of this Order to all counsel of record and to the Clerk of the District Court for Flathead County, to be given to the presiding district judge.


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