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STATE v. POUND

No. DA 12-0700.

326 P.3d 422 (2014)

2014 MT 143

STATE of Montana, Plaintiff and Appellee, v. Jimmy Roger POUND, Defendant and Appellant.

Supreme Court of Montana.

Decided June 3, 2014.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender, Nicholas Domitrovich , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Tammy K. Plubell , Assistant Attorney General, Leo J. Gallagher , Lewis and Clark County Attorney, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 After a four-day trial in June 2012 a jury convicted Jimmy Pound of the offense felony sexual assault under § 45-5-502, MCA. Pound appeals and we affirm.

¶ 2 Pound presents the following issues for review:

¶ 3 Issue One: Whether the District Court erred when it found that the victim was unable to testify in open court in the presence of Pound.

¶ 4 Issue...

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