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STATE v. STRONG

No. DA 09-0403.

236 P.3d 580 (2010)

2010 MT 163

STATE of Montana, Plaintiff and Appellee, v. Shawn David STRONG, Defendant and Appellant.

Supreme Court of Montana.

Decided July 26, 2010.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender; Jennifer A. Hurley, Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock, Montana Attorney General; Jonathan M. Krauss, Assistant Attorney General, Helena, Montana, Rebecca A. Convery, Prairie County Attorney; Albert R. Batterman, Special Deputy Prairie County Attorney, Terry, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Strong appeals from his conviction by a jury in the District Court of the Seventh Judicial District, Prairie County, of the felony offense of aggravated assault. For the reasons stated below, we reverse.

¶ 2 Strong presents several issues for review, one of which is determinative: Whether the District Court properly denied Strong's motion to dismiss based upon the State's failure...

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