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STATE v. CLARY

No. DA 11-0040.

270 P.3d 88 (2012)

2012 MT 26

STATE of Montana, Plaintiff and Appellee, v. Charles Edward CLARY, Defendant and Appellant.

Supreme Court of Montana.

Decided February 7, 2012.

Attorney(s) appearing for the Case

For Appellant: Joseph Palmer Howard , Attorney at Law; Great Falls, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Mardell Ployhar , Assistant Attorney General; Helena, Montana. John Parker , Cascade County Attorney; Josh Racki , Deputy County Attorney; Great Falls, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Appellant Charles Edward Clary appeals his conviction from the Eighth Judicial District, Cascade County, for aggravated burglary and two counts of assault with a weapon. We consider the following issues:

¶ 2 1. Whether Clary's right to be present at all critical stages of his criminal proceeding was violated by his absence from the omnibus hearing.

¶ 3 2. Whether...

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