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STATE v. GHOSTBEAR

No. DA 13-0081.

338 P.3d 25 (2014)

2014 MT 192

STATE of Montana, Plaintiff and Appellant, v. Edward Harold GHOSTBEAR, Defendant and Appellee.

Supreme Court of Montana.

Decided July 22, 2014.

Amended October 23, 2014.

Attorney(s) appearing for the Case

For Appellant: Timothy C. Fox , Montana Attorney General, Mardell Ployhar , Assistant Attorney General, Helena, Montana, Gina Dahl , Hill County Attorney, Karla Bosse , Special Deputy County Attorney, Havre, Montana.

For Appellee: Wade Zolynski , Chief Appellate Defender, Koan Mercer , Assistant Appellate Defender, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Edward Ghostbear was convicted of sexual assault after a jury trial. The State of Montana appeals from the District Court's post-trial decision that the misdemeanor penalty provided by § 45-5-502(2)(a), MCA, is the maximum sentence that can be imposed.1 We reverse and remand.

¶ 2 The issue on appeal is whether the District Court's post-trial decision...

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