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STATE v. ANDERSON

No. 98-318.

977 P.2d 315 (1999)

1999 MT 58

STATE of Montana, Plaintiff and Respondent, v. William Joseph ANDERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided March 23, 1999.

Attorney(s) appearing for the Case

Chris J. Nelson, Attorney at Law, Billings, Montana, For Appellant.

Honorable Joseph P. Mazurek, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Randal I. Spaulding, County Attorney, Roundup, Montana, For Respondent.

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 In proceedings before the Fourteenth Judicial District Court, Musselshell County, William Joseph Anderson (hereinafter Anderson) was charged with and pled guilty to acts of incest with his minor daughter. Anderson appeals his sentence on the grounds that the sentencing court improperly relied upon a psychosexual evaluation which included the results of a polygraph test. We reverse and remand....

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