STATE v. BEDWELL

No. 98-549.

985 P.2d 150 (1999)

1999 MT 206

STATE of Montana, Plaintiff and Appellant, v. Erick BEDWELL, Defendant and Respondent.

Supreme Court of Montana.

Decided September 9, 1999.


Attorney(s) appearing for the Case

Hon. Joseph P. Mazurek, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Brant S. Light, Cascade County Attorney; Michael L. Rausch, Deputy County Attorney, Great Falls, Montana, For Appellant.

Larry A. LaFountain, Attorney at Law, Great Falls, Montana, For Respondent.


Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 The State of Montana (State) appeals from the order of the Eighth Judicial District Court, Cascade County, concluding that §§ 41-5-206(2) and 41-5-206(3), MCA, are unconstitutional. We reverse and remand.

BACKGROUND

¶ 2 On August 27, 1997, the State moved the District Court for leave to file an information charging Erick Bedwell (Bedwell) with the felony offenses of...

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