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STATE v. FRESHMENT

No. 00-242.

43 P.3d 968 (2002)

2002 MT 61

STATE of Montana, Plaintiff and Respondent, v. Joseph B. FRESHMENT, Defendant and Appellant.

Supreme Court of Montana.

Decided March 28, 2002.

Attorney(s) appearing for the Case

Gary E. Wilcox, Billings, Montana, for Appellant.

Mike McGrath, Montana Attorney General, Stephen C. Bullock, Assistant Attorney General, Helena, Montana; Dennis Paxinos, Yellowstone County Attorney, Beverly Tronrud, Deputy Yellowstone County Attorney, Billings, Montana, for Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Joseph Freshment (Freshment) was convicted by a jury of two counts of sexual intercourse without consent, §§ 45-5-503(1) and -503(3)(a), MCA, in the Thirteenth Judicial District Court, Yellowstone County. Prior to trial, Freshment moved to sever the two counts into separate trials, because the counts involved separate victims on separate occasions. The District Court denied this motion...

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