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STATE v. HAMBY

No. 99-197.

992 P.2d 1266 (1999)

1999 MT 319

STATE of Montana, Plaintiff and Respondent, v. Bruce HAMBY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 22, 1999.

Attorney(s) appearing for the Case

Taraneh L. Javid, Public Defender's Office, Billings, Montana, For Appellant.

Honorable Joseph P. Mazurek, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Beverly Tronrud, Deputy County Attorney, Billings, Montana, For Respondent.

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

¶ 1 Pursuant to § 45-5-503, MCA, a jury found Bruce Hamby guilty of sexually assaulting D.S., a ten-year old girl with Down's Syndrome. He was sentenced by the Thirteenth Judicial District Court, Yellowstone County, to 50 years at the Montana State Prison. Hamby appeals his conviction based on discretionary rulings involving the denial of a lesser included offense instruction, a competency hearing...

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