STATE v. BERG

No. 84-414.

697 P.2d 1365 (1985)

STATE of Montana, Plaintiff and Respondent, v. Steven J. BERG, Defendant and Appellant.

Supreme Court of Montana.

Decided April 11, 1985.


Attorney(s) appearing for the Case

Moses Law Firm, Bruce E. Becker, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Keith Haker, Co. Atty., Miles City, for plaintiff and respondent.


HUNT, Justice.

The appellant, Steven Berg, was charged by information with committing the crime of sexual assault, a felony because the alleged victim was less than 16 years old and the appellant was 3 or more years older. Section 45-5-502, MCA. A jury trial resulted in a conviction, a new trial was denied, and the appellant was sentenced to seven years in Montana State Prison with the last two years suspended. This appeal followed.

We reverse and remand....

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