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STATE v. CHRISTENSEN

No. DA 13-0685.

338 P.3d 45 (2014)

2014 MT 294

STATE of Montana, Plaintiff and Appellee, v. Benjamin Joseph CHRISTENSEN, Defendant and Appellant.

Supreme Court of Montana.

Decided November 12, 2014.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender; Nicholas Domitrovich , Assistant Appellate Defender; Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Katie F. Schulz , Assistant Attorney General; Helena, Montana, Fred R. Van Valkenburg , Missoula County Attorney, Jennifer Clark , Deputy County Attorney; Missoula, Montana.

Justice JAMES JEREMIAH SHEA delivered the Opinion of the Court.

¶ 1 Benjamin Christensen appeals from an order of the Fourth Judicial District Court, Missoula County, denying his motion to dismiss for violation of the misdemeanor speedy trial rule found at § 46-13-401(2), MCA.

¶ 2 The issue on appeal is whether the District Court correctly determined that no violation of § 46-13-401, MCA, occurred.

PROCEDURAL AND FACTUAL BACKGROUND...

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