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STATE v. GUNDERSON

No. 95-476.

936 P.2d 804 (1997)

STATE of Montana, Plaintiff and Respondent, v. David Wayne GUNDERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided April 8, 1997.

Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender Office, Helena, for Defendant and Appellant.

John T. Flynn, Broadwater County Attorney, Townsend; Joseph P. Mazuzrek, Attorney General, John Paulson, Assistant Attorney General, Helena, for Plaintiff and Respondent.

HUNT, Justice.

Appellant David Wayne Gunderson (Gunderson) appeals the judgment of the First Judicial District Court, Broadwater County, upon a jury verdict finding him guilty of one count of sexual intercourse without consent. We affirm.

Gunderson presents three issues on appeal:

1. Did the District Court abuse its discretion in failing to instruct the jury, sua sponte, that sexual assault was a lesser-included offense of sexual intercourse...

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