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STATE v. HERRICK

No. 03-562.

101 P.3d 755 (2004)

2004 MT 323

324 Mont. 76

STATE of Montana, Plaintiff and Respondent, v. Jason Evans HERRICK, Defendant and Appellant.

Supreme Court of Montana.

Decided November 16, 2004.

Attorney(s) appearing for the Case

For Appellant: Chad Wright, Appellate Defender, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Brant Light, Cascade County Attorney; Gina Bishop, Deputy County Attorney, Great Falls, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 A jury in the Eighth Judicial District Court, Cascade County, found Jason Herrick guilty of attempted deliberate homicide and carrying a concealed weapon. Herrick appeals and we affirm.

¶ 2 The issues are:

¶ 3 1. Did the District Court abuse its discretion in violation of Herrick's right to due process of law in granting the...

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