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STATE v. MONACO

No. 96-036.

921 P.2d 863 (1996)

STATE of Montana, Plaintiff and Respondent, v. Joseph MONACO, Defendant and Appellant.

Supreme Court of Montana.

Decided July 8, 1996.

Attorney(s) appearing for the Case

Suzanne C. Smith, Douglas W. Marshall, Marshall & Smith, Bozeman, for appellant.

Joseph P. Mazurek, Attorney General, John Paulson, Ass't Attorney General, Helena, A. Michael Salvagni, Gallatin County Attorney, Jane Mersen, Deputy County Attorney, Bozeman, for respondent.

LEAPHART, Justice.

Joseph Monaco (Monaco) appeals from the sentence and judgment of the Eighteenth Judicial District Court, Gallatin County, entered on a jury verdict convicting him of felony theft. We affirm.

Monaco raises the following issues on appeal:

1. Did the District Court abuse its discretion in allowing the prosecuting attorney to testify relating to the defendant's statements at a deposition?<...

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