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STATE v. JOHNSTON

No. 94-083.

885 P.2d 402 (1994)

STATE of Montana, Plaintiff and Respondent, v. Pete George JOHNSTON, Defendant and Appellant.

Supreme Court of Montana.

Decided October 27, 1994.

Order Amending Opinion, but Otherwise Denying Rehearing December 6, 1994.

Attorney(s) appearing for the Case

Jennifer Wendt Bordy, Bozeman, for appellant:

Joseph P. Mazurek, Atty. Gen., Cregg W. Coughlin, Asst. Atty. Gen., Helena; Mike Salvagni, Gallatin County Atty., Marty Lambert, Deputy County Atty., Bozeman, for respondent.

TRIEWEILER, Justice.

Defendant Pete George Johnston was charged and convicted in the Eighteenth Judicial District Court, Gallatin County, of accountability for burglary, in violation of §§ 45-2-302 and 45-6-204, MCA. Johnston was sentenced to ten years in prison with all time suspended, based on certain conditions. Johnston appeals from the conviction. We reverse.

The issues on appeal are:

1. Did the District Court err when it admitted evidence...

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