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STATE v. SMITH

No. 02-459.

95 P.3d 137 (2004)

2004 MT 191

322 Mont. 206

STATE of Montana, Plaintiff and Respondent, v. Scott S. SMITH, Defendant and Appellant.

Supreme Court of Montana.

Decided July 26, 2004.

Attorney(s) appearing for the Case

For Appellant: Robert L. Stephens, Jr., Southside Law Center, Billings, Montana.

For Respondent: Mike McGrath, Attorney General; Carol E. Schmidt, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Melodee Hanes, Deputy County Attorney, Billings, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Scott S. Smith (Smith) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, denying his motion to dismiss. We reverse.

¶ 2 The following issue is presented on appeal:

¶ 3 Did the District Court err in denying Smith's motion to dismiss Count I of the second amended Information on grounds that: (a) the prosecutor erroneously charged him with...

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