STATE v. HEATH

Nos. 02-403, 02-405.

89 P.3d 947 (2004)

2004 MT 58

320 Mont. 211

STATE of Montana, Plaintiff and Respondent, v. Barry Alonzo HEATH, Defendant and Appellant.

Supreme Court of Montana.

Decided March 10, 2004.


Attorney(s) appearing for the Case

For Appellant: Chad Wright, Appellate Defender, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Brant Light, Cascade County Attorney; John Parker, Marvin Anderson, Deputy County Attorneys, Great Falls, Montana.


Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Barry Alonzo Heath appeals from the judgment and sentence entered by the Eighth Judicial District Court, Cascade County, on a jury verdict convicting him of the felony offenses of sexual intercourse without consent and witness tampering. We affirm in part, reverse in part and remand for resentencing.

¶ 2 Heath raises the following issues on appeal:

¶ 3 1. Did the District...

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