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STATE v. BUTLER

No. 98-134.

977 P.2d 1000 (1999)

1999 MT 70

STATE of Montana, Plaintiff and Respondent, v. James R. BUTLER, Defendant and Appellant.

Supreme Court of Montana.

Decided April 6, 1999.

Attorney(s) appearing for the Case

Michael W. Clague, Public Defender, Butte, Montana, for Appellant.

Joseph P. Mazurek, Attorney General, Tammy K. Plubell, Assistant Attorney General, Helena, Montana; Robert M. McCarthy, Silver Bow County Attorney, Samm Cox, Deputy Silver Bow County Attorney, Butte, Montana, for Respondent.

Justice WILLIAM E. HUNT, SR. delivered the Opinion of the Court.

¶ 1 Pursuant to § 41-5-206, MCA (1997), James R. Butler, a youth, was charged in District Court with the crimes of attempted deliberate homicide and attempted robbery. The Second Judicial District Court, Silver Bow County, denied Butler's motion requesting it to declare § 41-5-206, MCA (1997), unconstitutional on the grounds that it violated his right to due process by allowing the prosecution...

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