State v. Bedwell

¶1 The State of Montana (State) appeals from the order of the Eighth Judicial District Court, Cascade County, concluding that §§ 41-5-206(2) and 41-5-206(3), MCA, are unconstitutional. We reverse and remand.

BACKGROUND

¶2 On August 27,1997, the State moved the District Court for leave to file an information charging Erick Bedwell (Bedwell) with the felony offenses of burglary and theft and the misdemeanor offense of criminal mischief. The motion was filed pursuant to § 41-5-206(2), MCA, which requires a county attorney to petition for leave to file an information in district court, rather than…