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STATE v. KESTNER

No. 85-184.

713 P.2d 537 (1986)

STATE of Montana, Plaintiff and Respondent, v. Frank George KESTNER, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided January 27, 1986.

Attorney(s) appearing for the Case

Sherlock & Nardi, Patrick D. Sherlock, argued, Kalispell, for defendant and appellant.

Mike Greely, Atty. Gen., Patricia Schaeffer, argued, Asst. Atty. Gen., Helena, Ted O. Lympus, County Atty., Kalispell, for plaintiff and respondent.

MORRISON, Justice.

Defendant Frank Kestner, Jr. appeals his November 1, 1984, jury conviction in the District Court of the Eleventh Judicial District on two counts of sexual assault. We reverse and remand for a new trial.

On January 14, 1984, defendant exercised at Second Wind Rec Center in Kalispell, Montana, where he was a member. About 7:00 p.m., defendant went to the pool area to swim laps and soak in the hot tub. Among numerous others in the pool area...

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