STATE v. HERNANDEZ

No. 84-17.

689 P.2d 1261 (1984)

STATE of Montana, Plaintiff and Respondent, v. Matthew Paul HERNANDEZ, Defendant and Appellant.

Supreme Court of Montana.

Decided November 1, 1984.


Attorney(s) appearing for the Case

Sandra K. Watts (argued), Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Clay Smith (argued), Asst. Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Antonia Marra (argued), Deputy County Atty., Great Falls, for plaintiff and respondent.


SHEA, Justice.

Defendant Matthew Hernandez appeals his conviction for felony theft (receiving stolen property) following a jury trial in Cascade County District Court. He also appeals the order compelling restitution for charges that had been dismissed. We reverse the conviction and the charges are dismissed.

Defendant pleaded guilty to burglary and theft of coins from a Great Falls residence. Based on a plea agreement, other

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