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STATE v. MIKESELL

No. 02-789.

91 P.3d 1273 (2004)

2004 MT 146

STATE of Montana, Plaintiff and Respondent, v. Thomas Wayne MIKESELL, Defendant and Appellant.

Supreme Court of Montana.

Decided June 8, 2004.

Attorney(s) appearing for the Case

For Appellant: John Houtz, Forsyth, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Pamela P. Collins, Assistant Attorney General, Helena, Montana; Michael B. Hayworth, Rosebud County Attorney, Mark Murphy, Special Deputy County Attorney, Forsyth, Montana.

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

¶ 1 Thomas Wayne Mikesell (Mikesell) was charged by information, in the Sixteenth Judicial District, Rosebud County, with five counts of felony theft in violation of § 45-6-301(1)(a)(7)(b) and five counts of illegal branding in violation of § 45-6-327. In the alternative, he was charged with one count of felony theft as part of a common scheme in violation of § 45-6-301(1)(a)(8) and five...

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