STATE v. SWEENEY

No. 99-068.

999 P.2d 296 (2000)

2000 MT 74

STATE of Montana, Plaintiff and Respondent, v. Robert SWEENEY, Defendant and Appellant.

Supreme Court of Montana.

Decided March 23, 2000.


Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender's Office, Helena, Montana, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Robert McCarthy, Silver Bow County Attorney; Ann M. Shea and Eileen Joyce, Deputy County Attorneys, Butte, Montana, For Respondent.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Robert Sweeney appeals from the Findings of Fact, Conclusions of Law, Judgment and Order entered by the Second Judicial District Court, Silver Bow County. We reverse and remand.

¶ 2 We restate the issues presented on appeal as follows:

¶ 3 1. Whether the District Court erred in admitting evidence of Sweeney's prior conviction for sexual assault?

¶ 4 2. Whether Sweeney...

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