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STATE v. FRANKS

No. DA 13-0385.

335 P.3d 725 (2014)

2014 MT 273

STATE of Montana, Plaintiff and Appellee, v. Jason Dean FRANKS, Defendant and Appellant.

Supreme Court of Montana.

Decided October 8, 2014.

Attorney(s) appearing for the Case

For Appellant: Robin A. Meguire , Meguirelaw.com, Great Falls, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Mardell Ployhar , Assistant Attorney General, Helena, Montana, Ed Corrigan , Flathead County Attorney, Travis Ahner , Deputy County Attorney, Kalispell, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Jason Dean Franks appeals from his conviction of felony sexual intercourse without consent in the Eleventh Judicial District Court, Flathead County. We reverse and remand for a new trial.

¶ 2 On appeal, we address whether the District Court abused its discretion when it denied Franks's motion for a new trial.

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