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STATE v. McCARTHY

No. 03-434.

101 P.3d 288 (2004)

2004 MT 312

324 Mont. 1

STATE of Montana, Plaintiff and Respondent, v. Roman Sonny McCARTHY, Defendant and Appellant.

Supreme Court of Montana.

Decided November 12, 2004.

Attorney(s) appearing for the Case

For Appellant: Brock Albin, Albin Law Office PC, Bozeman, Montana.

For Respondent: Mike McGrath, Attorney General; Micheal S. Wellenstein, Assistant Attorney General; Carlo Canty, Special Deputy Gallatin County Attorney, Helena, Montana, Marty Lambert, Gallatin County Attorney, Bozeman, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Roman McCarthy (McCarthy) was convicted of Intimidation, a felony, in violation of § 45-5-203, MCA, for threats made to probation and parole officers, a prosecutor and a district court judge. He appeals his conviction. We affirm the District Court.

¶ 2 There are five issues raised in this appeal:

¶ 3 1. Whether the District Court should have ordered a competency hearing...

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