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STATE v. CLARK

No. DA 06-0078.

149 P.3d 551 (2006)

2006 MT 313

335 Mont. 39

STATE of Montana, Plaintiff and Respondent, v. Ronald Allen CLARK, Defendant and Appellant.

Supreme Court of Montana.

Decided December 5, 2006.

Attorney(s) appearing for the Case

For Appellant: Andrew J. Breuner, Gallatin Gateway, Montana.

For Respondent: Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General, Marty Lambert, County Attorney; Matthew B. Lowy, Deputy County Attorney, Helena, Montana.

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

¶ 1 Defendant Ronald Clark appeals the District Court's dismissal of his appeal from justice court for failure to personally appear. We reverse and remand for a trial de novo on the merits.

¶ 2 We restate the issue as follows:

¶ 3 Does § 46-17-311(5), MCA, permit a district court to dismiss an appeal for failure to appear if the defendant's counsel is present...

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