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STATE v. SHOOK

No. 99-608.

67 P.3d 863 (2002)

2002 MT 347

STATE of Montana, Plaintiff and Respondent, v. Sandra White SHOOK, Defendant and Appellant.

Supreme Court of Montana.

Decided December 30, 2002.

Order Amending Opinion on Denial of Rehearing February 11, 2003.

Attorney(s) appearing for the Case

For Appellant: Tom D. Tobin; Tobin Law Office, Winner, South Dakota.

For Respondent: Hon. Mike McGrath, Attorney General; Sarah A. Bond, Assistant Attorney General, Helena, Montana, Robert Zimmerman, Sanders County Attorney, Thompson Falls, Montana.

For Amicus Curiae: John B. Carter, Daniel F. Decker, Tribal Legal Department, Confederated Salish and Kootenai Tribes, Pablo, Montana (for Confederated Salish and Kootenai Tribes), Maylinn Smith, Indian Law Clinic, University of Montana, Missoula, Montana (for Montana-Wyoming Tribal Judges Association).

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

¶ 1 Appellant Sandra White Shook (Shook) appeals an order of the Twentieth Judicial District Court, Sanders County, denying her motion to dismiss the charge against her and upholding the Montana Fish, Wildlife and Parks Commission (Commission) regulation prohibiting non-tribal members from hunting big game on all Indian reservations in Montana. We affirm.

¶ 2 We address the following issues...

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