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STATE v. GARDIPEE

No. 02-705.

98 P.3d 305 (2004)

2004 MT 250

323 Mont. 59

STATE of Montana, Plaintiff and Respondent, v. Melvin GARDIPEE, Defendant and Appellant.

Supreme Court of Montana.

Decided September 8, 2004.

Attorney(s) appearing for the Case

For Appellant: Eric Olson, Cascade County Chief Public Defender; Jeffry L. Olson, Deputy Public Defender, Carl B. Jensen, Jr., Public Defenders Office, Great Falls, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; Robert Stutz, Assistant Attorney General, Helena, Montana, Brant Light, Cascade County Attorney, John Parker, Gregory Bonilla, Deputy County Attorneys, Great Falls, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Melvin Gardipee (Gardipee) was convicted of family member assault, a felony, in violation of § 45-5-206(1)(a), MCA, by a jury in Montana's Eighth Judicial District Court, Cascade County. Gardipee appeals the District Court's order allowing the State to amend its Information. We affirm.

¶ 2 The sole issue raised on appeal is whether the District Court abused its discretion when it allowed...

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