David John Fertterer and Richard J. Fertterer v. State of Montana

62 F.3d 1424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David John FERTTERER and Richard J. Fertterer, Petitioner-Appellants, v. STATE OF MONTANA, Respondent-Appellee. No. 94-35763. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 17, 1995. Decided July 28, 1995. Before: FARRIS, NOONAN, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 David John Fertterer and Richard J. Fertterer, Sr., were each convicted of two counts of felony criminal mischief under Montana Annotated Code Sec. 45-6-101(1)(a). Under that statute, a "person commits the offense of criminal mischief if he knowingly or purposely ... destroys ... public property without consent." David Fertterer was convicted of destroying three wild deer and a mountain lion. Richard Fertterer, Sr. was convicted of destroying three elk and six deer. Their convictions of felony criminal mischief were affirmed by the Montana Supreme Court, which held that the wild animals destroyed were public…