State v. Bender

This is an appeal from the District Court of the Eighteenth Judicial District, Gallatin County, Montana. We vacate the District Court’s judgment and remand to the District Court for a new trial by jury.

The issue on appeal is: Does an appellant who has waived a trial by jury in Justice Court and thereafter appeals his conviction to the District Court have the right to a trial by jury in the District Court?

Appellant, Bradley E. Bender was charged in Justice Court, Gallatin County, with a misdemeanor. Appellant waived trial by jury and was tried by the Justice of the Peace in a bench trial. The…