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STATE v. SCHNEIDERHAN

No. 93-041.

862 P.2d 37 (1993)

STATE of Montana, Plaintiff and Appellant, v. Gary J. SCHNEIDERHAN, Defendant and Respondent.

Supreme Court of Montana.

Decided October 19, 1993.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Atty. Gen., John Paulson, Asst., Helena; Patrick L. Paul, Cascade County Atty., Michael L. Fanning, Deputy, Great Falls, for plaintiff and appellant.

Susan L. Weber, Great Falls, for defendant and respondent.

NELSON, Justice.

This is an appeal by the State of Montana (State) from an order of the Eighth Judicial District Court, Cascade County, dismissing a felony sexual assault charge against the defendant on the basis of double jeopardy. We reverse and remand with instructions.

We restate the issues on appeal as follows:

1. Did the Justice Court err in denying the State's motion to deny acceptance of a written guilty plea?

2. Did the Justice Court...

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