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STATE v. CLARK

No. 04-282.

125 P.3d 1099 (2005)

2005 MT 330

330 Mont. 8

STATE of Montana, Plaintiff and Respondent, v. Kelly Dale CLARK, Defendant and Appellant.

Supreme Court of Montana.

Decided December 20, 2005.

Attorney(s) appearing for the Case

For Appellant: Daniel R. Wilson, Measure & Wilson, Kalispell, Montana.

For Respondent: Mike McGrath, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana Robert J. Long, County Attorney; Mitchell A. Young, Deputy County Attorney, Polson, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Kelly Dale Clark (Clark) appeals the judgment of conviction for sexual assault and the order denying his motion for a new trial entered in the Twentieth Judicial District Court, Lake County. We affirm in part, reverse in part, and remand for further proceedings.

¶ 2 We address the following issues on appeal:

¶ 3 Did the District Court commit plain error by not instructing the jury...

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