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STATE v. BENDER

No. 88-79.

756 P.2d 1157 (1988)

STATE of Montana, Plaintiff and Respondent, v. Bradley E. BENDER, Defendant and Appellant.

Supreme Court of Montana.

Decided June 21, 1988.

Attorney(s) appearing for the Case

Steven D. Nelson, Bozeman, for defendant and appellant.

Mike Greely, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, A. Michael Salvagni, Co. Atty., Jennifer Bordy, Deputy Co. Atty., Bozeman, for plaintiff and respondent.

HARRISON, Justice.

This is an appeal from the District Court of the Eighteenth Judicial District, Gallatin County, Montana. We vacate the District Court's judgment and remand to the District Court for a new trial by jury.

The issue on appeal is: Does an appellant who has waived a trial by jury in Justice Court and thereafter appeals his conviction to the District Court have the right to a trial by jury in the District Court?

Appellant, Bradley E. Bender...

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