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STATE v. GERSTNER

No. DA 08-0355.

219 P.3d 866 (2009)

2009 MT 303

353 Mont. 86

STATE of Montana, Plaintiff and Appellee, v. Michael Bernard GERSTNER, Defendant and Appellant.

Supreme Court of Montana.

Decided October 15, 2009.

Rehearing Denied November 10, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Tammy A. Hinderman, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Matthew T. Cochenour, Assistant Attorney General, Helena, Montana. Brant S. Light, Cascade County Attorney; Kory Larsen, Deputy County Attorney, Great Falls, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 After trial by jury, Michael Gerstner was convicted of two counts of felony sexual assault in the Eighth Judicial District Court, Cascade County. He appeals raising the following issues:

¶ 2 Issue 1: Is § 45-2-101(67), MCA (2005), defining "sexual contact," unconstitutionally vague and therefore void?

¶ 3 Issue 2: Did the District...

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