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STATE v. IMLAY

No. 90-493.

813 P.2d 979 (1991)

STATE OF Montana, Plaintiff and Respondent, v. Donald Glenn IMLAY, Defendant and Appellant.

Supreme Court of Montana.

Decided June 18, 1991.

Rehearing Denied July 23, 1991.

Attorney(s) appearing for the Case

Billy B. Miller, Miller & Cook, Great Falls, for defendant and appellant.

Marc Racicot, Atty. Gen., Elizabeth L. Griffing, Asst. Atty. Gen., Helena, Patrick L. Paul, Cascade County Atty., Kim Schulke, Chief Deputy County Atty., Great Falls, for plaintiff and respondent.

TRIEWEILER, Justice.

Following a jury trial, the defendant, Donald Glenn Imlay, was convicted in District Court of sexual assault, a felony, in violation of § 45-5-502, MCA. Based on that conviction, he was sentenced by the District Court to five years in the Montana State Prison. However, all but 35 days of that sentence were suspended, and the defendant was placed on formal probation, under certain conditions, including the condition that he enroll in and complete...

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