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State v. Suhon

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eBook details

  • Title: State v. Suhon
  • Author : Supreme Court of Montana
  • Release Date : January 04, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Michael John Suhon was accused of sexually assaulting his adopted daughter three times per week, fifty-two weeks per year, from the time the girl was about seven years old until she moved from his home soon after she turned 18. That is approximately one thousand, five hundred and sixty acts of vaginal penetration, oral sex, or sexually oriented fondling, throughout her entire childhood. The jury believed his daughters account, and the district court sentenced Suhon to three consecutive prison terms totaling 278 months, which is 1,282 months fewer than he would have been imprisoned if the court had sentenced him to only one month for each assault alleged, or 554 months fewer than if the court had sentenced him to just one month for each assault as more conservatively estimated by the district court at 832 total assaults against the child. Suhons appeal contends that the evidence does not support his conviction, that he was excessively charged with three counts of criminal sexual conduct, and that his sentence is illegally long. We conclude that the evidence supports the verdict, that the state acted within the scope of the statute and within its prosecutorial discretion by charging Suhons conduct in three separate counts, and that the district court did not abuse its discretion by imposing separate consecutive sentences for the three convictions. We therefore affirm.


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