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State v. Heinrich

Supreme Court of Montana
Jun 26, 1990
794 P.2d 696 (Mont. 1990)

Opinion


794 P.2d 696 (Mont. 1990) STATE of Montana, Plaintiff and Respondent, v. Paul Anthony HEINRICH, Defendant and Appellant. No. 89-012. Supreme Court of Montana. June 26, 1990

       JOEL G. ROTH, District Judge.

Sitting for McDONOUGH, J.

       On February 14, 1990, this Court entered its Opinion in this appeal concluding the Opinion as follows:

The defendant was prejudiced by the other crimes evidence allowed into evidence in this case and his conviction of felony assault is reversed. This cause is remanded to the District Court of the Seventh Judicial District.

       On April 18, 1990 the petition for rehearing was denied by this Court and remittitur issued that date.

       On June 8, 1990, the Deputy County Attorney for Richland County filed with this Court a Motion for Clarification of Order Remanding Case to District Court, requesting this Court to indicate if this action was remanded to the District Court for a new trial or if the action was reversed without ordering a new trial.

       IT IS ORDERED:

       1. The following sentence in this Opinion, beginning at line 1 on page 15 is hereby deleted:

This cause is remanded to the District Court of the Seventh Judicial District.

       2. The following sentence shall be inserted in the Opinion of this Court in place of the sentence above-deleted:

This cause is remanded to the District Court of the Seventh Judicial District for a new trial.        3. The Clerk shall mail a true copy hereof to counsel of record for the respective parties.

       TURNAGE, C.J., HARRISON, SHEEHY, HUNT and WEBER, JJ., and TED L. MIZNER, District Judge, concur.

Sitting for BARZ, J.


Summaries of

State v. Heinrich

Supreme Court of Montana
Jun 26, 1990
794 P.2d 696 (Mont. 1990)
Case details for

State v. Heinrich

Case Details

Full title:STATE of Montana, Plaintiff and Respondent, v. Paul Anthony HEINRICH…

Court:Supreme Court of Montana

Date published: Jun 26, 1990

Citations

794 P.2d 696 (Mont. 1990)

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