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STATE v. FULLER

No. 94-113.

880 P.2d 1340 (1994)

STATE of Montana, Plaintiff and Respondent, v. Matthew C. FULLER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 15, 1994.

Rehearing Denied October 13, 1994.

Attorney(s) appearing for the Case

Gary E. Wilcox, Chief Deputy Public Defender, Billings, for appellant.

Joseph P. Mazurek, Atty. Gen., Jennifer Anders, Asst. Atty. Gen., Helena, and Dennis Paxinos, Yellowstone County Atty. Billings, for respondent.

GRAY, Justice.

Matthew C. Fuller (Fuller) appeals his conviction of three counts of attempted sexual assault, and the judgment entered thereon, following a bench trial conducted in the Thirteenth Judicial District Court, Yellowstone County. We reverse, concluding that the conviction is contrary to law.

The State of Montana (State) charged Fuller by information with three counts of felony attempted sexual assault pursuant to §§ 45-4-103 and 45-5-502...

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