State v. Kaplan

Michal Kaplan was charged with seven counts of stalking, in violation of § 45-5-220, MCA, in the Fourth Judicial District Court, Missoula County. Pursuant to a stipulation between Kaplan and the prosecution, the court found Kaplan not guilty by reason of mental disease or defect. Kaplan appeals. We dismiss the appeal.

We find the following issue dispositive on appeal:

Whether Kaplan can appeal from a judgment finding her not guilty by reason of mental disease or defect.

On March 29, 1994, the Missoula County Attorney filed an information charging Kaplan with three counts of stalking in violation…