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  5. 876 P.2d 641 (1994)
 

STATE v. KELLY

No. 93-402.

876 P.2d 641 (1994)

The STATE of Montana, Plaintiff/Respondent, v. Danny Ray KELLY, Defendant/Appellant.

Supreme Court of Montana.

Decided June 21, 1994.

Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender, Helena, for defendant/appellant.

Joseph P. Mazurek, Attorney General; Patricia Jordan, Assistant Attorney General; Dennis Paxinos, Yellowstone County Attorney; Daniel L. Schwartz, Deputy, Billings.

NELSON, Justice.

Following a jury trial, the defendant, Danny Ray Kelly (Kelly), was convicted of one count of aggravated kidnapping, a felony, in violation of § 45-5-303(1)(c), MCA, and two counts of sexual intercourse without consent, felonies in violation of § 45-5-503(1),(3), MCA. Based on that conviction, he was sentenced by the District Court for the Thirteenth Judicial District, Yellowstone County to imprisonment at the Montana State Prison for one...

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