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STATE v. SHIELDS

No. 04-036.

122 P.3d 421 (2005)

2005 MT 249

328 Mont. 509

STATE of Montana, Plaintiff and Respondent, v. Benjamin Timothy SHIELDS, Defendant and Appellant.

Supreme Court of Montana.

Decided October 17, 2005.

Attorney(s) appearing for the Case

For Appellant: Milton Datsopoulos, Datsopoulos, MacDonald & Lind, P.C., Missoula, Montana; William F. Hooks, Helena, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana; Fred Van Valkenburg, Missoula County Attorney, Suzy Boylan-Moore, Deputy County Attorney, Missoula, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Benjamin Timothy Shields (Shields) appeals from the judgment entered by the District Court of the Fourth Judicial District, Missoula County, upon a jury verdict finding him guilty of sexual intercourse without consent. We affirm. The sole issue on appeal is whether the evidence at trial was sufficient to support Shields' conviction.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Shields...

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