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STATE v. SMITH

No. 04-065.

106 P.3d 553 (2005)

2005 MT 18

325 Mont. 374

STATE of Montana, Plaintiff and Respondent, v. David Michael SMITH, Defendant and Appellant.

Supreme Court of Montana.

Decided February 1, 2005.

Attorney(s) appearing for the Case

For Appellant: Alice Kennedy, Public Defender Office, Missoula, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney; Kirsten LaCroix, Missoula, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 David Michael Smith (Smith) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on his convictions and sentences for the offenses of theft and theft by common scheme. We affirm.

¶ 2 The sole issue on appeal is whether the District Court abused its discretion in denying Smith's motion for a mistrial.

BACKGROUND

¶ 3 On October...

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