STATE v. FELTZ

No. DA 09-0245.

227 P.3d 1035 (2010)

2010 MT 48

STATE of Montana, Plaintiff and Appellee, v. Joseph Daniel FELTZ, Defendant and Appellant.

Supreme Court of Montana.

Decided March 16, 2010.


Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General, Mardell Ployhar, Assistant Attorney General, Helena, Montana. Gina Dahl, Hill County Attorney, Lindsay Osborne, Chief Deputy Hill County Attorney, Havre, Montana.


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

¶ 1 Joseph Feltz appeals his conviction in the District Court for the Twelfth Judicial District, Hill County, of felony assault with a weapon. We reverse and remand for further proceedings consistent with this Opinion.

¶ 2 Feltz raises the following issue on appeal: Did the District Court err when it denied Feltz's request to instruct the jury on misdemeanor assault as a lesser included...

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