State v. Counts

Following a jury trial in the District Court of Park County, defendant was convicted of the offenses of aggravated assault and attempted aggravated assault under Sections 45-5-202(1)(a)(c) and 45-4-103(l)(a), MCA. He was sentenced to five years in the penitentiary for each offense. The terms were to be served concurrently with the last three years of each sentence suspended. He was also sentenced to a consecutive two-year term for the use of a firearm. Defendant appeals. We affirm the judgment of the District Court.

The sole issue presented is whether the District Court erred in denying the…