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STATE v. MEYER

No. 04-096.

119 P.3d 1214 (2005)

328 Mont. 247

2005 MT 215

STATE of Montana, Plaintiff and Respondent, v. John P. MEYER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 6, 2005.

Attorney(s) appearing for the Case

For Appellant: Alice Kennedy, Public Defender's Office, Missoula, Montana.

For Respondent: Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, County Attorney; Andrew Paul, Deputy County Attorney, Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 John Meyer appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, upon a jury verdict finding him guilty of aggravated kidnapping. We reverse and remand for a new trial.

¶ 2 The following issue is dispositive on appeal:

¶ 3 Did the District Court err in refusing to instruct the jury on the lesser included offense of unlawful restraint?

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