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STATE v. DANIELS

No. 01-209.

64 P.3d 1045 (2003)

2003 MT 30

STATE of Montana, Plaintiff and Respondent, v. Jerry DANIELS, D.P.M., Defendant and Appellant.

Supreme Court of Montana.

Decided February 25, 2003.

Attorney(s) appearing for the Case

Kevin E. Vainio, Butte, MT, for appellant.

Mike McGrath, Montana Attorney General, Kathy Seeley and Barbara C. Harris, Assistant Attorneys General, Helena, MT, for respondent.

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

¶ 1 A jury in the First Judicial District Court, Lewis and Clark County, found Jerry Daniels, D.P.M., guilty of felony theft of public assistance, and the District Court entered judgment against him. Daniels appeals. We affirm.

¶ 2 The issues are:

¶ 3 1. Whether Daniels was properly charged with theft under § 45-6-301(4), MCA.

¶ 4 2. Whether Daniels was properly...

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