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STATE v. MADSEN

No. DA 13-0057.

317 P.3d 806 (2013)

2013 MT 281

372 Mont. 102

STATE of Montana, Plaintiff and Appellant, v. Thomas Lenard MADSEN, Defendant and Appellee.

Supreme Court of Montana.

Decided September 26, 2013.

Attorney(s) appearing for the Case

For Appellant: Timothy C. Fox , Montana Attorney General; Barbara C. Harris , Assistant Attorney General; Tammy K. Plubell , Assistant Attorney General, Helena, Montana.

For Appellee: Al Avignone ; Lisa A. Banick ; Avignone, Banick & Williams, PLLC, Bozeman, Montana.

For Amicus: Anna Conley , ACLU of Montana, Missoula, Montana.

Chief Justice Mike McGRATH delivered the Opinion of the Court.

¶ 1 The State of Montana appeals the District Court's "Order on Defendant's Motion to Dismiss," filed January 11, 2013. We reverse.

¶ 2 The issue on appeal is whether the District Court erred in dismissing a charge against Madsen under § 45-5-204, MCA.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 3 In 2011 Thomas Madsen...

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