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STATE v. HOWARD

No. DA 10-0542.

265 P.3d 606 (2011)

2011 MT 246

362 Mont. 196

STATE of Montana, Plaintiff and Appellee, v. Harley HOWARD, Defendant and Appellant.

Supreme Court of Montana.

Decided October 4, 2011.

Rehearing Denied November 1, 2011.

Attorney(s) appearing for the Case

For Appellant: Joseph C. Engel, III. ; Great Falls, Montana.

For Appellee: Steve Bullock , Montana Attorney General; C. Mark Fowler , Assistant Attorney General; Helena, Montana, Leo Gallagher , Lewis and Clark County Attorney; Carolyn Clemens , Tara A. Harris , Deputy County Attorneys; Helena, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 On September 24, 2009, the State charged Harley Howard (Howard) with Incest (common scheme) for acts he allegedly committed against his daughter, D.H., from 2003 to 2005, when she was between six and eight years old. Following a jury trial in the First Judicial District Court, Lewis and Clark County, Howard was convicted of the charge on December 17, 2009. The District Court sentenced Howard to forty...

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