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STATE v. BAILEY

No. 03-118.

87 P.3d 1032 (2004)

2004 MT 87

STATE of Montana, Plaintiff and Respondent, v. James C. BAILEY, Defendant and Appellant.

Supreme Court of Montana.

Decided April 6, 2004.

Attorney(s) appearing for the Case

For Appellant: Palmer A. Hoovestal; Hoovestal, Kakuk & Fanning, Helena, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana Chris Christensen, Pondera County Attorney, Conrad, Montana Robert L. Deschamps, III, Special Deputy County Attorney, Missoula, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 James C. Bailey (Bailey) appeals from the judgment entered by the Ninth Judicial District Court, Pondera County, on his conviction and sentence for two counts of felony incest. We affirm.

¶ 2 Bailey raises the following issues on appeal:

¶ 3 1. Did the District Court abuse its discretion in granting the prosecution's motion to add an expert to its witness list four days...

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