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STATE v. STEDMAN

No. 00-389.

30 P.3d 353 (2001)

2001 MT 150

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

Supreme Court of Montana.

Decided August 9, 2001.

Attorney(s) appearing for the Case

For Appellant: Edmund F. Sheehy, Jr., Attorney at Law, Helena, MT.

For Respondent: Hon. Joseph P. Mazurek, Attorney General; John Paulson, Assistant Attorney General, Helena, MT, Valerie D. Wilson, Jefferson County Attorney; Leonard J. Haxby, Deputy County Attorney, Boulder, MT.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Duane Stedman was found guilty of criminal mischief after a bench trial in the Fifth Judicial District Court, Jefferson County. Stedman appeals. We find one issue to be dispositive: Whether the District Court improperly relied on Stedman's Justice Court proceeding in his de novo District Court trial?

¶ 2 We reverse.

BACKGROUND

¶ 3 On October 28, 1998, a complaint was...

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