STATE v. WALTON

No. DA 13-0191.

318 P.3d 1024 (2014)

2014 MT 41

STATE of Montana, Plaintiff and Appellee, v. David Jay WALTON, Defendant and Appellant.

Supreme Court of Montana.

Decided February 18, 2014.


Attorney(s) appearing for the Case

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

For Appellee: Timothy C. Fox , Montana Attorney General, Tammy K. Plubell , Assistant Attorney General, Helena, Montana, William Fulbright , Ravalli County Attorney, Hamilton, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 David Jay Walton (Walton) appeals from the Judgment entered by the Twenty-First Judicial District Court on his conviction and sentence for the offense of sexual assault, a felony, in violation of § 45-5-502, MCA. We affirm and address the following issues:

¶ 2 1. Did the prosecutor commit plain error by commenting on witness credibility during closing argument?

¶ 3...

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