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STATE v. FISH

No. DA 07-0343.

204 P.3d 681 (2009)

2009 MT 47

349 Mont. 286

STATE of Montana, Plaintiff and Appellee, v. Wilbert FISH, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided February 24, 2009.

Rehearing Denied March 31, 2009.

Attorney(s) appearing for the Case

For Appellant: Patrick F. Flaherty, Attorney at Law, Great Falls, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General, J. Stuart Segrest, Assistant Attorney General, Helena, Montana Fred R. Van Valkenburg, Missoula County Attorney, Suzy Boylan, Deputy County Attorney, Missoula, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Wilbert Louis Fish, Jr., appeals from a judgment entered by the Fourth Judicial District Court, Missoula County, on his convictions of sexual intercourse without consent and tampering with a witness. We affirm.

¶ 2 We restate the issues as follows:

¶ 3 1. Was the District Court required to take judicial notice of evidence in Fish's prior, separate trial for sexual intercourse...

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