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STATE v. GODFREY

No. 01-890.

95 P.3d 166 (2004)

2004 MT 197

322 Mont. 254

STATE of Montana, Plaintiff and Respondent, v. Tracey Raymond GODFREY, Defendant and Appellant.

Supreme Court of Montana.

Submitted September 9, 2003.

Decided July 28, 2004.

Attorney(s) appearing for the Case

For Appellant: Chad Wright (argued), Appellate Defender Office, Helena, Montana.

For Respondent: Hon. Mike McGrath, Montana Attorney General, Tammy K. Plubell (argued), Assistant Attorney General, Helena, Montana; George H. Corn, Ravalli County Attorney, Hamilton, Montana.

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

¶ 1 Tracey Raymond Godfrey appeals from the jury verdict, judgment, and sentence of the Twenty-first Judicial District, Ravalli County, in which he was convicted of one count of Felony Sexual Assault. We affirm.

ISSUE

¶ 2 We restate the issue as follows: Should this Court invoke the common law doctrine of plain error and conclude that the prosecutor violated Godfrey's Constitutional...

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