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STATE v. ROUBIDEAUX

No. 04-097.

125 P.3d 1114 (2005)

2005 MT 324

329 Mont. 521

STATE of Montana, Plaintiff and Respondent, v. Tommy Lee ROUBIDEAUX, Defendant and Appellant.

Supreme Court of Montana.

Decided December 20, 2005.

Attorney(s) appearing for the Case

Chad Wright, Appellate Defender Office, Helena, Montana, for Appellant.

Hon. Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Brant Light, Cascade County Attorney; Joel Thompson, Cascade Assistant County Attorney, Great Falls, Montana, for Respondent.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Tommy Lee Roubideaux (Roubideaux) appeals from a decision by the Eighth Judicial District, Cascade County. We affirm.

¶ 2 We re-state and address the following issue on appeal: Must Roubideaux's conviction be overturned because during closing argument the prosecutor improperly told the jury that the State did not have to prove his guilt beyond a reasonable doubt?

¶ 3 Roubideaux...

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