State v. Aguilar

¶1 The defendant, Carlos Aguilar, was charged by information filed in the District Court for the First Judicial District in Lewis and Clark County with felony assault. Following a trial by jury, Aguilar was convicted and sentenced to the State prison for commission of the felony assault, and received an additional sentence for use of a weapon during commission of the crime. Aguilar appeals the sentence imposed by the District Court. We reverse and vacate the enhanced portion of his sentence and remand for entry of judgment consistent with this opinion.

¶2 The issue on appeal is whether the…