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STATE v. GOETTLE

No. 91-480.

831 P.2d 595 (1992)

STATE OF MONTANA, Plaintiff and Respondent, v. Dean J. GOETTLE, Defendant and Appellant.

Supreme Court of Montana.

Decided May 21, 1992.

Attorney(s) appearing for the Case

Brian P. Fay, Bozeman, for defendant and appellant.

Marc Racicot, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, A. Michael Salvagni, County Atty., Gary Balaz, and Gerry Higgins, Deputy, Bozeman, for plaintiff and respondent.

TURNAGE, Chief Justice.

Dean J. Goettle appeals a sentence and judgment of the Eighteenth Judicial District, Gallatin County, which denied his motion for a new trial. We affirm.

The issue is whether the District Court abused its discretion by denying Goettle's motion for a new trial based on a comment made by the prosecution during closing argument.

On June 25, 1991, a jury found Goettle guilty of criminal endangerment and criminal mischief in connection...

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