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STATE v. ACETO

No. 02-231.

100 P.3d 629 (2004)

2004 MT 247

323 Mont. 24

STATE of Montana, Plaintiff and Respondent, v. Joseph Anthony ACETO, Defendant and Appellant.

Supreme Court of Montana.

Decided September 8, 2004.

Rehearing Denied November 12, 2004.

Attorney(s) appearing for the Case

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

For Respondent: Honorable Mike McGrath, Montana Attorney General, C. Mark Fowler, Assistant Attorney General, Helena, Montana; Ed Corrigan, Flathead County Attorney, Kalispell, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Joseph Anthony Aceto was tried before a jury in the Eleventh Judicial District and convicted of two counts of Attempted Deliberate Homicide and one count of Aggravated Kidnaping. He appeals on the grounds that the District Court violated his fundamental Constitutional right to be present and appear in person in all criminal proceedings; and that the District Court erroneously denied Aceto's appointed...

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