STATE v. SHULTS 169 Mont. 33, 544 P.2d 817 (1976). CASE BRIEF

STATE V. SHULTS
169 Mont. 33, 544 P.2d 817 (1976)
NATURE OF THE CASE: This was a motion to set aside a guilty plea for the unauthorized use of a motor vehicle.
FACTS: An information was filed against Shults (D) for felony theft. At D's arraignment, the information was amended and reduced to a charge of the unauthorized use of a motor vehicle, a misdemeanor. The court would not have had jurisdiction over that misdemeanor if it had been the only charge filed. D pleaded guilty to the misdemeanor. D was sentenced. D then moved to set aside the judgment and to dismiss the information because the district court lacked jurisdiction.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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