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STATE v. HEAVYGUN

No. DA 10-0388.

253 P.3d 897 (2011)

2011 MT 111

360 Mont. 413

STATE of Montana, Plaintiff and Appellee, v. Gary Duane HEAVYGUN, Defendant and Appellant.

Supreme Court of Montana.

Decided May 24, 2011.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt , Chief Appellate Defender; Eileen A. Larkin , Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Mardell Ployhar , Assistant Attorney General, Helena, Montana, John Parker , Cascade County Attorney; Susan Weber , Deputy County Attorney, Great Falls, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Gary Duane Heavygun (Heavygun) was found guilty by a jury in the Eighth Judicial District Court, Cascade County, of deliberate homicide, DUI, violation of an order of protection, criminal endangerment, driving while the privilege to do so is suspended or revoked, and tampering with physical evidence. Heavygun appeals, raising two issues: 1) was his right to be present at all critical stages of his...

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