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STATE v. HOVEY

No. DA 10-0139.

248 P.3d 303 (2011)

2011 MT 3

359 Mont. 100

STATE of Montana, Plaintiff and Appellee, v. Alexander S. HOVEY, Defendant and Appellant.

Supreme Court of Montana.

Decided January 11, 2011.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt , Chief Appellate Defender, Garrett R. Norcott , Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock , Montana Attorney General, Mardell Ployhar , Assistant Attorney General, Helena, Montana, Fred Van Valkenburg , Missoula County Attorney, Jason Marks , Deputy County Attorney, Missoula, Montana.

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

¶ 1 Alexander Hovey appeals his conviction in the Montana Fourth Judicial District Court of 42 counts of sexual abuse of children on the grounds that the District Court abused its discretion in issuing jury instructions. We affirm.

ISSUE

¶ 2 A restatement of the issue on appeal is whether the District Court abused its discretion by issuing challenged jury instructions.

...

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