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STATE v. STATCZAR

No. 85-550.

743 P.2d 606 (1987)

STATE of Montana, Plaintiff and Respondent, v. Dale STATCZAR, Defendant and Appellant.

Supreme Court of Montana.

Decided October 6, 1987.

Attorney(s) appearing for the Case

William Boggs (argued), Ferguson & Mitchell, Paulette C. Ferguson, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Kimberly Kradolfer (argued), Asst. Atty. Gen., Helena, Robert Deschamps, III, Co. Atty., Missoula, Karen Towsend (argued), Deputy Co. Atty., for plaintiff and respondent.

TURNAGE, Chief Justice.

Defendant Dale Statczar appeals his conviction for sexual intercourse without consent. Defendant was charged by information on November 18, 1983. In January 1984, defendant was found unfit to proceed to trial in a competency hearing held pursuant to § 46-14-221, MCA. Following a second competency hearing in September 1984, the court reversed its earlier decision and found defendant Statczar fit to proceed to trial. Defendant's first trial...

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