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STATE v. SCHMIDT

No. DA 08-0137.

224 P.3d 618 (2009)

2009 MT 450

STATE of Montana, Plaintiff and Appellee, v. Jason Lee SCHMIDT, Defendant and Appellant.

Supreme Court of Montana.

Decided December 31, 2009.

Rehearing Denied February 16, 2010.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender; Roberta R. Zenker, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Mark W. Mattioli, Assistant Attorney General; Helena, Montana. Eileen Joyce, Silver Bow County Attorney; Samm Cox and Molly Maffei, Deputy County Attorneys; Butte, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Jason Lee Schmidt (Schmidt) appeals his conviction in the Second Judicial District Court, Silver Bow County, for mitigated deliberate homicide. We affirm.

¶ 2 We review the following issues on appeal:

¶ 3 Did the jury instructions and verdict form at trial render Schmidt's conviction for mitigated deliberate homicide a "legal impossibility" under Demontiney?

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