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STATE v. GARDNER

No. 02-079.

80 P.3d 1262 (2003)

2003 MT 338

STATE of Montana, Plaintiff and Respondent, v. Troy Ray GARDNER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 11, 2003.

Attorney(s) appearing for the Case

For Appellant: Jeannette Ellen Berry, Attorney at Law, Bozeman, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Tara DePuy, County Attorney, Livingston, Montana.

For Amicus Curiae: Kirsten H. LaCroix, Deputy Missoula County Attorney, Missoula, Montana (For Montana County Attorney's Association).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Troy Ray Gardner appeals the final judgment entered by the Sixth Judicial District Court, Park County, finding him guilty of incest, a felony. We affirm.

¶ 2 The following issues are presented on appeal:

¶ 3 1. Did the District Court err in denying Gardner's motion to suppress the child's testimony as tainted?

¶ 4 2. Was there sufficient evidence to sustain...

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