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STATE v. HOMER

No. DA 12-0640.

321 P.3d 77 (2014)

2014 MT 57

374 Mont. 157

STATE of Montana, Plaintiff and Appellee, v. Paulette HOMER, Defendant and Appellant.

Supreme Court of Montana.

Decided March 4, 2014.

Attorney(s) appearing for the Case

For Appellant: Colin M. Stephens , Smith & Stephens, P.C.; Missoula, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Mardell Ployhar , Assistant Attorney General; Helena, Montana, Fred R. Van Valkenburg , Missoula County Attorney; Jennifer Clark , Deputy County Attorney; Missoula, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Paulette Homer appeals from her January 13, 2012 conviction for the offense of exploiting an older person, a felony, pursuant to § 52-3-825, MCA.

¶ 2 The sole issue on appeal is whether the District Court erred by refusing to admit at the bench trial of this charge, a transcript of the victim's testimony at a prior competency hearing. We affirm.

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