No. DA 06-0367.

199 P.3d 818 (2008)

2008 MT 452

348 Mont. 59

STATE of Montana, Plaintiff and Appellee, v. Daniel Branden LALLY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 30, 2008.

Attorney(s) appearing for the Case

For Appellant: Kathleen Foley, Boggs & Foley Law Office, Missoula, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Carol E. Schmidt, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, Missoula County Attorney, Karen S. Townsend, Deputy County Attorney, Missoula, Montana.

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

¶ 1 The State charged Daniel Lally in the Fourth Judicial District Court, Missoula County, with two counts of felony theft. Lally pleaded not guilty and thereafter filed a motion to exclude photo-identification testimony by one of the police officers involved in the investigation. The District Court denied the motion. Lally then entered into a plea agreement, reserving his right to appeal the District...

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