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STATE v. HARDAWAY

No. DA 08-0383.

213 P.3d 776 (2009)

2009 MT 249

STATE of Montana, Plaintiff and Appellant, v. Jason Douglas HARDAWAY, Defendant and Appellee.

Supreme Court of Montana.

Decided July 28, 2009.

Attorney(s) appearing for the Case

For Appellant: Hon. Steve Bullock, Montana Attorney General, John Paulson, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney, Sheila R. Kolar, Deputy County Attorney, Billings, Montana.

For Appellee: Jim Wheelis, Chief Appellate Defender, Roberta R. Zenker, Assistant Appellate Defender, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 The Thirteenth Judicial District Court of Yellowstone County granted Jason Douglas Hardaway's motion to dismiss his criminal drug possession case for lack of a speedy trial. The State of Montana appeals. We affirm.

ISSUE

¶ 2 Did the District Court properly grant Hardaway's motion to dismiss for lack of a speedy trial?

FACTUAL AND PROCEDURAL BACKGROUND

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