State v. Shults

544 P.2d 817 (1976)

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State v. Shults

Montana Supreme Court
544 P.2d 817 (1976)

Facts

Daniel Marcus Shults (defendant) was charged with felony theft in violation of Montana law. At Shults’ arraignment, the prosecution amended the information to charge him with the offense of unauthorized use of a motor vehicle, a misdemeanor. Shults then pled guilty in district court to the misdemeanor charge and was sentenced to serve six months in the county jail. Thereafter, Shults filed a motion in the district court to set the judgment of conviction aside and to dismiss the amended information on the grounds that the district court lacked jurisdiction over the misdemeanor offense. The district court denied Shults’ motion and he appealed. The Montana Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Haswell, J.)

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