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STATE v. NORMANDY

No. DA 07-0441.

198 P.3d 834 (2008)

2008 MT 437

STATE of Montana, Plaintiff and Appellee, v. James Lee NORMANDY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 23, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender, Steven N. Eschenbacher, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, David Ole Olson, Assistant Attorney General, Helena, Montana, George Corn, Ravalli County Attorney, William Fulbright, Deputy County Attorney, Hamilton, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 James Lee Normandy (Normandy) was charged with partner or family member assault (PFMA), a felony, in the Twenty-First Judicial District Court, Ravalli County. A jury convicted Normandy of the charge. Normandy appeals. We affirm.

¶ 2 Normandy raises two issues on appeal which we restate as follows:

¶ 3 Issue 1: Was Normandy denied a fair trial because of surprise in the...

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