State v. Torres
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The Supreme Court affirmed Defendant's conviction of one count of partner or family member assault (PFMA), holding that the district court did not err by permitting Defendant's ex-girlfriend to testify and that there was sufficient evidence to support the conviction.
Defendant was charged with two counts of PFMA, both misdemeanors, and one count of strangulation of partner or family member, a felony. Defendant was found guilty of the second count of PFMA and was acquitted of the strangulation offense. On appeal, Defendant argued, among other things, that the State violated Mont. Code Ann. 46-15-322 and -327 by not disclosing his ex-girlfriend as a witness before trial. The Supreme Court affirmed, holding (1) the admission of the ex-girlfriend's testimony on a prior strangulation was error, but the error was harmless; and (2) there was sufficient evidence to sustain Defendant's conviction for the second count of PFMA.
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