Speedy Trial analysis

2003 MT 171
STATE OF MONTANA,v.
CHRISTOPHER JAMES RAY,
1. Was Ray denied his constitutional right to a speedy trial in the District Court?
2. Under § 45-6-204(2)(a), MCA, does the theft of a loaded gun qualify as “armed
with a weapon” for purposes of elevating a burglary charge to aggravated burglary?
Because mere possession of a loaded firearm in the course of a burglary qualifies Ray as armed with a weapon, one of Ray’s convictions for aggravated burglary will stand. The other conviction is reduced to burglary. Further, the District Court is directed to conduct a speedy trial analysis consistent with Bruce and this Opinion.
Affirmed in part and reversed in part and remanded for proceedings consistent with
this Opinion.