STATE v. HANSEN

No. 94-584.

903 P.2d 194 (1995)

STATE of Montana, Plaintiff and Appellant, v. Frank Richard HANSEN, Defendant and Respondent.

Supreme Court of Montana.

Decided September 26, 1995.


Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Helena; Carlo Canty, Deputy Silver Bow County Attorney, Butte, for appellant.

Deirdre Caughlan, Dunlap & Caughlan, Butte, for respondent.


HUNT, Justice.

Respondent Frank Hansen was arrested and charged with third offense domestic abuse. Section 45-5-206(3), MCA, provides that a third offense for domestic abuse may be charged as a felony. Consequently, the State filed an information charging respondent with felony domestic abuse. Respondent moved to dismiss the felony charge, claiming that he had not knowingly waived counsel during his first misdemeanor domestic abuse conviction. He argued that a prior...

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