State v. Johnson

JUSTICE LEAPHART,

specially concurring.

¶83 I concur with the decision of the Court on issues one through four. For the reasons set forth in my special concurrence in State v. Smith (1996), 280 Mont. 158, 186-90, 931 P.2d 1272, 1289-92, 1 conclude, as to issue five (proportionality of the sentence), that under either the restricted Coleman standard or the more expansive standard which I espoused in Smith, the sentence imposed here was not out of proportion to similar cases.