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STATE v. DUNCAN

No. DA 11-0744.

291 P.3d 106 (2012)

2012 MT 241

366 Mont. 443

STATE of Montana, Plaintiff and Appellee, v. Alvin James DUNCAN, Defendant and Appellant.

Supreme Court of Montana.

Decided October 30, 2012.

Attorney(s) appearing for the Case

For Appellant: Joseph P. Howard P.C.; Attorney at Law; Great Falls, Montana.

For Appellee: Steve Bullock , Montana Attorney General; C. Mark Fowler , Assistant Attorney General; Helena, Montana, Mike Weber , Richland County Attorney; Sidney, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 This is Alvin James Duncan's (Duncan) second appeal to this Court. In the prior appeal, we affirmed Duncan's conviction of two counts of felony sexual assault and remanded the case for resentencing. State v. Duncan, 2008 MT 148, 343 Mont. 220, 183 P.3d 111. The District Court for the Seventh Judicial District, Richland County...

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