State v. Shults

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

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Nature of the Case

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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.