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STATE v. TOTH

No. DA 07-0520.

197 P.3d 1013 (2008)

2008 MT 404

347 Mont. 184

STATE of Montana, Plaintiff and Appellee, v. Jonathan James TOTH, Defendant and Appellant.

Supreme Court of Montana.

Decided December 2, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Koan Mercer, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; Jonathan M. Krauss, Assistant Attorney General; Helena, Montana, Robert M. McCarthy, Butte-Silver Bow County Attorney; Mike Clague, Deputy County Attorney; Butte, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 A jury in the Second Judicial District Court convicted Jonathan Toth of assault with a weapon. Toth was sentenced to five years at Montana State Prison, with the imposition of conditions of supervision if he receives an earlier release. Toth appeals, raising the following issues:

¶ 2 1. Did the District Court err in denying Toth's motion to dismiss at the close of the State's case in chief...

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