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STATE v. STEWART

No. 97-704.

16 P.3d 391 (2000)

2000 MT 379

STATE of Montana, Plaintiff and Respondent, v. Michael A. STEWART, Defendant and Appellant.

Supreme Court of Montana.

Decided December 28, 2000.

Attorney(s) appearing for the Case

Chad Wright, Assistant Appellate Defender, Helena, MT, For Appellant.

Joseph P. Mazurek, Montana Attorney General, Jim Wheelis, Assistant Montana Attorney General, Helena, MT; Fred R. Van Valkenburg, Missoula County Attorney, Robert Zimmerman, Assistant Missoula County Attorney, Missoula, MT, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Michael Stewart (Stewart) was tried by a jury in the District Court for the Fourth Judicial District, Missoula County, and found guilty of attempting to fraudulently obtain dangerous drugs by altering a prescription from his doctor. On appeal, Stewart alleges various instances of prosecutorial misconduct. We reverse and remand for further proceedings consistent with this opinion.

¶ 2...

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