State v. Smith

¶ 1 David Michael Smith (Smith) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on his convictions and sentences for the offenses of theft and theft by common scheme. We affirm.

¶2 The sole issue on appeal is whether the District Court abused its discretion in denying Smith’s motion for a mistrial.

BACKGROUND

¶3 On October 3, 2002, the State of Montana (State) charged Smith by information with the offenses of theft, a misdemeanor, and theft by common scheme, a felony. The State alleged that Smith stole an ATM card from his mother, Bernice Smith…