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STATE v. PIERCE

No. 92-168.

842 P.2d 344 (1992)

STATE of Montana, Plaintiff and Respondent, v. Charles D. PIERCE and Whitney H. Ferdinand, Defendants and Appellants.

Supreme Court of Montana.

Decided November 24, 1992.

Attorney(s) appearing for the Case

Bradley B. Parrish, Craig R. Buehler, Lewistown, for defendants and appellants.

Marc Racicot, Atty. Gen. Paul D. Johnson, Asst. Atty. Gen., Helena; James A. Hubble, Judith Basin County Atty., Stanford for plaintiff and respondent.

HARRISON, Justice.

This is an appeal from the Tenth Judicial District, Judith Basin County, the Honorable Peter L. Rapkoch presiding. Appellants Charles Pierce (Pierce) and Whitney Ferdinand (Ferdinand) were found guilty of felony burglary and felony theft after a bench trial on September 9, 1991. Pierce and Ferdinand appeal on the grounds that the District Court improperly denied their motion for reduction of the burglary charge to criminal trespass and their motion...

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