Criminal Law keyed to Dripps
State v. Shults
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Daniel Marcus Shults (Defendant) was charged with felony theft in violation of Montana law. At Defendant’s arraignment, the prosecution amended the information to charge him with the offense of unauthorized use of a motor vehicle, a misdemeanor. Defendant then pled guilty in trial court to the misdemeanor charge and was sentenced to serve six months in the county jail. Thereafter, Defendant filed a motion in the trial court to set the judgment of conviction aside and to dismiss the amended information on the grounds that the trial court lacked jurisdiction over the misdemeanor offense. The trial court denied Defendant’s motion and he appealed. The Montana Supreme Court granted review.
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