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STATE v. LACEY

No. DA 09-0133.

224 P.3d 1247 (2010)

2010 MT 6

355 Mont. 31

STATE of Montana, Plaintiff and Appellee, v. John Brandon LACEY, Defendant and Appellant.

Supreme Court of Montana.

Decided January 19, 2010.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender; Tammy A. Hinderman, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Tammy K. Plubell, Assistant Attorney General; Helena, Montana, Marty Lambert, Gallatin County Attorney; Ashley Harrington, Deputy County Attorney; Bozeman, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellant John Brandon Lacey (Lacey) appeals from the sentence imposed by the Eighteenth Judicial District Court, Gallatin County, for his conviction on two counts of Sexual Intercourse Without Consent in violation of § 45-5-503, MCA.

¶ 2 We consider the following issues on appeal:

¶ 3 I. Whether the District Court erred by denying Lacey's motion to dismiss for...

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