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STATE v. JACKSON

No. DA 06-0168.

165 P.3d 321 (2007)

2007 MT 186

STATE of Montana, Plaintiff and Respondent, v. Gerald Dean JACKSON, Defendant and Appellant.

Supreme Court of Montana.

Decided August 6, 2007.

Attorney(s) appearing for the Case

For Appellant: Robert G. Olson, Frisbee, Moore & Olson, Cut Bank, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; Pamela P. Collins, Assistant Attorney General, Helena, Montana, Merle Raph, County Attorney, Shelby, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Gerald Dean Jackson (Jackson) appeals the order of the Ninth Judicial District Court, Toole County, sentencing him to six years in Montana State Prison. We reverse and remand for re-sentencing.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 The State charged Jackson with seven counts of felony sexual intercourse without consent in violation of § 45-5-503, MCA. Jackson entered into...

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