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STATE v. BUCKLES

No. 98-253.

979 P.2d 177 (1999)

1999 MT 79

STATE of Montana, Plaintiff and Respondent, v. Morris Duane BUCKLES, Defendant and Appellant.

Supreme Court of Montana.

Decided April 20, 1999.

Rehearing Denied May 27, 1999.

Attorney(s) appearing for the Case

Matthew J. Wald, Attorney at Law, Miles City, Montana, for Appellant.

Hon. Joseph P. Mazurek, Attorney General, Helena, Montana, Tammy K. Plubell, Ass't Attorney General, Helena, Montana, Nickolas Murnion, Garfield County Attorney, Jordan, Montana, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Morris Duane Buckles (Buckles) appeals from his conviction of Negligent Homicide and Criminal Possession With Intent to Sell. Buckles filed a motion to dismiss the charges based on his allegation that the State either intentionally or negligently failed to preserve material evidence. When the District Court denied that motion, Buckles entered into a...

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