State v. Osborn

¶1 Brian Osborn appeals from an order of the Fourth Judicial District, Missoula County, denying his motion for relief from a final judgment.

¶2 We rephrase the issue as: Whether the District Court properly denied Brian Osborn’s motion brought under M. R. Civ. P. 60(b). We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 On December 26, 2007, Missoula County District Court Judge Harkin sentenced Osborn to ten years, with five years suspended, on a charge of felony theft and six months, all suspended on misdemeanor charges of obstructing a peace officer and resisting arrest (DC 07-282). The three…