STATE v. MOUNT

No. 02-020.

78 P.3d 829 (2003)

2003 MT 275

STATE of Montana, Plaintiff and Appellant, v. Robert S. MOUNT, Defendant and Respondent.

Supreme Court of Montana.

Submitted March 13, 2003.

Decided October 7, 2003.

Rehearing Denied October 30, 2003.


Attorney(s) appearing for the Case

For Appellant: Mike McGrath, Montana Attorney General, Ali Sheppard, Assistant Montana Attorney General (argued), Helena, Montana; Fred VanValkenburg, Missoula County Attorney, Dale Mrkich, Deputy Missoula County Attorney, Missoula, Montana.

For Respondent: William Boggs, Missoula, Montana (argued).

For Amicus: Elizabeth Brenneman, ACLU of Montana, Helena, Montana.

We Concur: KARLA M. GRAY, C.J., JIM REGNIER, PATRICIA COTTER and JIM RICE, JJ.


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

¶ 1 The State of Montana (State) appeals the judgment entered by the Fourth Judicial District Court, Missoula County, granting Robert S. Mount's (Mount) motion to dismiss the charge of failing to register as a sex offender. We reverse and order the District Court to reinstate the charge.

¶ 2 We address the following issues on appeal:

¶ 3 1. Did the District Court err in finding...

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