STATE v. GARCIA

No. 01-631.

75 P.3d 313 (2003)

2003 MT 211

STATE of Montana, Plaintiff and Respondent, v. Jason Neftali GARCIA, Defendant and Appellant.

Supreme Court of Montana.

Decided August 12, 2003.


Attorney(s) appearing for the Case

Kristina Guest, Appellate Defender Office, Helena, Montana, for Appellant.

Mike McGrath, Attorney General; Mark W. Mattioli, Assistant Attorney General, Helena, Montana. Brant Light, Susan Weber, Cascade County Attorneys, Great Falls, Montana, for Respondent.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 In 1998, a jury found the Appellant, Jason Garcia, guilty of sexual intercourse without consent. We reversed the conviction and remanded for a new trial due to an unconstitutional juror summoning process. On remand, approximately eighteen days prior to trial, Garcia moved the Eighth Judicial District Court, Cascade County, to continue the trial as his prospective private counsel needed more time to prepare...

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