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STATE v. DESERLY

No. DA 07-0143.

188 P.3d 1057 (2008)

2008 MT 242

STATE of Montana, Plaintiff and Appellee, v. Charles V. DESERLY, Defendant and Appellant.

Supreme Court of Montana.

Decided July 8, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Roberta R. Zenker, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; Jesse A. Laslovich, Assistant Attorney General, Helena, Montana, Cyndee L. Peterson, Hill County Attorney; Gina Bishop, Deputy County Attorney, Havre, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Charles Deserly appeals from the judgment of conviction entered by the District Court for the Twelfth Judicial District, Hill County, on his plea of guilty to assault with a weapon. We reverse and remand for further proceedings consistent with this Opinion.

BACKGROUND

¶ 2 On February 1, 2006, officers with the Havre Police Department responded to a report of disturbance in...

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