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STATE v. GRAY

No. 03-500.

102 P.3d 1255 (2004)

2004 MT 347

324 Mont. 334

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

Supreme Court of Montana.

Decided December 7, 2004.

Attorney(s) appearing for the Case

For Appellant: Kristina Guest, Assistant Appellate Defender, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; Robert Stutz, Assistant Attorney General, Helena, Montana, Robert McCarthy, County Attorney; Bradley G. Newman, Deputy County Attorney, Butte, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Duane David Gray (Gray) appeals from the judgment entered by the Second Judicial District Court, Silver Bow County, finding him guilty of criminal mischief, assault on a peace officer, and resisting arrest. We affirm.

¶ 2 The following issues are raised on appeal:

¶ 3 Should the Court undertake review of a challenge to a jury instruction to which the defendant did not object at...

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