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STATE v. AKER

No. DA 11-0696.

310 P.3d 506 (2013)

2013 MT 253

371 Mont. 491

STATE of Montana, Plaintiff and Appellee, v. Jimmie Lee AKER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 4, 2013.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender; Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Tammy K. Plubell , Assistant Attorney General; Helena, Montana, Lewis K. Smith , Powell County Attorney; Deer Lodge, Montana Dan Guzynski , Joel Thompson , Assistant Attorneys General, Special Deputy County Attorneys; Helena, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Jimmie Lee Aker appeals the judgment entered by the Montana Third Judicial District Court, Powell County, after a jury convicted him of sexual intercourse without consent following a four-day trial in May 2011. Aker appeals his conviction on the grounds that the prosecutor committed plain error during closing argument and that Aker's counsel provided ineffective assistance during the trial. We affirm...

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