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STATE v. WILLIAMS

No. DA 09-0238.

228 P.3d 1127 (2010)

2010 MT 58

355 Mont. 354

STATE of Montana, Plaintiff and Appellee, v. Scott Anthony WILLIAMS, Defendant and Appellant.

Supreme Court of Montana.

Decided March 23, 2010.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt, Chief Appellate Defender; Koan Mercer, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Sheri K. Sprigg, Assistant Attorney General; Helena, Montana, Joan Borneman, Deer Lodge County Attorney, Anaconda, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Scott Anthony Williams (Williams) appeals the Judgment of the Third Judicial District Court, Deer Lodge County. We reverse.

¶ 2 We review the following issues on appeal:

¶ 3 Do §§ 46-11-410(2) and 46-1-202(9), MCA, preclude conviction for both sexual intercourse without consent and sexual assault?

¶ 4 Did Williams's counsel provide ineffective...

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