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STATE v. DAVID

No. 94-002.

880 P.2d 1308 (1994)

STATE of Montana, Plaintiff and Appellant, v. Anthony DAVID, III, Defendant and Respondent.

Supreme Court of Montana.

Decided September 12, 1994.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Atty. Gen., Carol E. Schmidt, Asst. Atty. Gen., Helena, Jane Mersen, Deputy County Atty., Bozeman, for appellant.

Brian K. Gallik, and Robert K. Baldwin, Goetz, Madden & Dunn, P.C., Bozeman, for respondent.

TURNAGE, Chief Justice.

The State of Montana appeals from a ruling of the Eighteenth Judicial District Court, Gallatin County, denying its motion for leave to file an information charging the defendant with felony stalking pursuant to § 45-5-220, MCA. We affirm.

The sole issue is whether the District Court abused its discretion when it denied the State leave to file an information charging defendant with felony stalking.

On November 24, 1993,...

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