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STATE v. BARKER

No. 92-496.

862 P.2d 1112 (1993)

STATE of Montana, Plaintiff and Respondent, v. Brian E. BARKER, Defendant and Appellant.

Supreme Court of Montana.

Decided November 2, 1993.

Attorney(s) appearing for the Case

William F. Hooks, Attorney at Law, Appellate Defender Office, Helena, for defendant and appellant.

Hon. Joseph P. Mazurek, Atty. Gen., Elizabeth L. Griffing, Asst. Atty. Gen., Helena; Mike Salvagni, Gallatin County Atty., Gary T. Balaz, Deputy County Atty., Bozeman, for plaintiff and respondent.

TRIEWEILER, Justice.

Brian E. Barker appeals from a judgment of the District Court for the Eighteenth Judicial District, in Gallatin County, in which he was convicted of the offense of felony theft. Prior to trial, Barker had twice moved the court to dismiss for lack of a speedy trial, but these motions were denied. He appeals on the basis that he was denied his constitutional right to a speedy trial.

We reverse the conviction and dismiss.

The dispositive...

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