State v. Johnston

Defendant Pete George Johnston was charged and convicted in the Eighteenth Judicial District Court, Gallatin County, of accountability for burglary, in violation of §§ 45-2-302 and 45-6-204, MCA. Johnston was sentenced to ten years in prison with all time suspended, based on certain conditions. Johnston appeals from the conviction. We reverse.

The issues on appeal are:

1. Did the District Court err when it admitted evidence of a prior misdemeanor forgery conviction?

2. Is the evidence sufficient to support defendant’s conviction of accountability for burglary?

FACTUAL BACKGROUND

On May 29,1993, at…