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STATE v. POTTER

No. DA 06-0751.

197 P.3d 471 (2008)

2008 MT 381

347 Mont. 38

STATE of Montana, Plaintiff and Appellee, v. Allen J. POTTER, Defendant and Appellant.

Supreme Court of Montana.

Decided November 18, 2008.

Attorney(s) appearing for the Case

For Appellant: Martin W. Judnich, Stevenson, Judnich & Associates, Missoula, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; Jonathan M. Krauss, Assistant Attorney General, Helena, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Allen J. Potter (Potter) appeals a judgment entered in the Montana Fourth Judicial District, Missoula County, convicting him of the offense of aggravated assault and sentencing him as a persistent felony offender.

¶ 2 Potter raises three issues on appeal, which we restate as follows:

¶ 3 (1) Did the District Court err in instructing the jury that attempted aggravated assault...

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