STATE v. DUNCAN

No. DA 06-0653.

183 P.3d 111 (2008)

2008 MT 148

STATE of Montana, Plaintiff and Appellee, v. Alvin J. DUNCAN, Defendant and Appellant.

Supreme Court of Montana.

Decided April 29, 2008.


Attorney(s) appearing for the Case

For Appellant: Roy W. Johnson, Attorney at Law, Billings, Montana.

For Appellee: Honorable Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Mike Weber, County Attorney, Sidney, Montana.


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

¶ 1 Alvin J. Duncan ("Duncan") was convicted by a jury of two counts of felony sexual assault, and sentenced to forty years in prison, with twenty-four years suspended. He appeals both the jury's verdict and the legality of his sentence. We affirm in part, and reverse and remand in part.

¶ 2 Duncan raises the following issues on appeal:

¶ 3 I. Did the District Court err...

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