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STATE v. CATES

No. DA 07-0421.

204 P.3d 1224 (2009)

2009 MT 94

STATE of Montana, Plaintiff and Appellee, v. Donald CATES, Defendant and Appellant.

Supreme Court of Montana.

Decided March 31, 2009.

Attorney(s) appearing for the Case

For Appellant: Torger Oaas, Attorney at Law, Lewistown, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General, Sheri K. Sprigg, Assistant Attorney General, Helena, Montana. Thomas P. Meissner, Fergus County Attorney, Lewistown, Montana.

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

¶ 1 Donald Cates (Cates) appeals the denial of his motion to dismiss in the Tenth Judicial District Court. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On September 16, 2005, a woman contacted the Lewistown Police Department to report that her 16-year-old daughter, S.C., had been raped. S.C. was subsequently interviewed by the police. Initially she stated that she did not...

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