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STATE v. KERN

No. 01-494.

67 P.3d 272 (2003)

2003 MT 77

STATE of Montana, Plaintiff and Respondent, v. Rusty KERN, Defendant and Appellant.

Supreme Court of Montana.

Decided April 10, 2003.

Attorney(s) appearing for the Case

Richard J. Carstensen, Billings, Montana, for appellant.

Mike McGrath, Montana Attorney General, Brian M. Morris, Solicitor, Helena, Montana; Dennis Paxinos, Yellowstone County Attorney, Billings, Montana, for respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 On December 13, 2000, Rusty Kern was convicted of sexual assault. Kern was ultimately sentenced to fifteen years in the Montana State Prison, with eight years suspended. Kern does not challenge his conviction, but he does challenge the charging documents and the legality of his sentence. We affirm.

ISSUES

¶ 2 A restatement of the issues Kern presents on appeal follows:<...

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