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STATE v. RAHN

No. DA 07-0122.

187 P.3d 622 (2008)

2008 MT 201

344 Mont. 110

STATE of Montana, Plaintiff and Appellee, v. Dustin Dumont RAHN, Defendant and Appellant.

Supreme Court of Montana.

Decided June 10, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Roberta R. Zenker, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Attorney General; Sheri Kathleen Sprigg, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Ann Marie McKittrick, Deputy County Attorney, Billings, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 The Thirteenth Judicial District Court, Yellowstone County, entered judgment against Dustin Dumont Rahn after he pled guilty, pursuant to a plea agreement, to sexual intercourse without consent and tampering with witnesses or informants. Rahn appeals. We reverse and remand.

¶ 2 The dispositive issue is whether the District Court abused its discretion in ruling the State of Montana...

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