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STATE v. CESNIK

No. 04-573.

122 P.3d 456 (2005)

2005 MT 257

329 Mont. 63

STATE of Montana, Plaintiff and Respondent, v. Robert Anthony CESNIK, Sr., Defendant and Respondent.

Supreme Court of Montana.

Decided October 19, 2005.

Attorney(s) appearing for the Case

For Appellant: Sean D. Hinchey, Hinchey & Hinchey, Kalispell, Montana, Steinbrenner & Binney, P.C., Missoula, Montana.

For Respondent: Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana, Ed Corrigan, County Attorney; Katie Schulz, Deputy County Attorney, Kalispell, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Subsequent to a trial by jury, the Montana Eleventh Judicial District Court, Flathead County, convicted Robert Anthony Cesnik, Sr., of felony assault with a weapon. The court sentenced Cesnik to the Montana State Prison for a term of ten years with six of those years suspended. Cesnik appeals on two grounds. First, he argues that the District Court incorrectly admitted testimony at trial referencing...

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