State v. McCune
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of rape of a child under fourteen. The district court sentenced Defendant in accordance with Jessica’s Law to two consecutive life sentences with no possibility of parole for approximately ninety-one years. The Supreme Court affirmed Defendant’s convictions, holding that the district court (1) did not err in admitting evidence of Defendant’s prior misconduct, (2) did not place an unconstitutional condition on Defendant’s defense, and (3) did not abuse its discretion in refusing to order a psychiatric evaluation of the complaining witness. The Court affirmed Defendant’s sentence with the exception of the imposition of lifetime postrelease supervision, which was vacated because it was erroneously imposed.
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