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STATE v. SHULTS

Nos. 05-278, 05-279.

136 P.3d 507 (2006)

2006 MT 100

332 Mont. 130

STATE of Montana, Plaintiff and Respondent, v. Johnnie SHULTS, Defendant and Appellant.

Supreme Court of Montana.

Decided: May 9, 2006.

Attorney(s) appearing for the Case

R. Stan Peeler, Peeler Law Firm, Bozeman, for Appellant.

Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Marty Lambert, County Attorney; Todd Whipple, Deputy County Attorney, Bozeman, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 This decision stems from two separate appeals consolidated for this Court's review. In unrelated proceedings, the State charged Johnnie Albert Shults by information with escape (from Gallatin County Detention Center), a felony in violation of § 45-7-306, MCA, and theft, a felony in violation of § 45-6-301, MCA. During the theft proceeding, the State provided Shults notice of its intention...

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