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STATE v. BEROSIK

No. DA 07-0731.

214 P.3d 776 (2009)

2009 MT 260

352 Mont. 16

STATE of Montana, Plaintiff and Appellee, v. Darwin Keith BEROSIK, Defendant and Appellant.

Supreme Court of Montana.

Decided August 5, 2009.

Attorney(s) appearing for the Case

For Appellant: Lane K. Bennett, Attorney at Law, Kalispell, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana, Ed Corrigan, Flathead County Attorney; Lori Adams, Deputy County Attorney, Kalispell, Montana.

Justice John WARNER delivered the Opinion of the Court.

¶ 1 After trial by jury, Darwin Keith Berosik was convicted of two counts of incest in the District Court of the Eleventh Judicial District, Flathead County. He was sentenced to 30 years in the Montana State Prison with 20 suspended. Berosik raises the following issues on appeal:

¶ 2 Issue 1: Must the judgment be reversed because Berosik was excluded from individual voir dire?

¶...

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