State v. Shults

169 Mont. 33, 544 P.2d 817 (1976)

Facts

An information was filed against Shults (D) for felony theft. At D's arraignment, the information was amended and reduced to a charge of the unauthorized use of a motor vehicle, a misdemeanor. The court would not have had jurisdiction over that misdemeanor if it had been the only charge filed. D pleaded guilty to the misdemeanor. D was sentenced. D then moved to set aside the judgment and to dismiss the information because the district court lacked jurisdiction.