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Deschamps, Special Deputy County Attorney, Lewistown, Montana. S.'s mouth twice, for about thirty seconds each time.¶ 14 On September 5, 2001, Grindheim was charged with sexual intercourse without consent, a felony, in violation of § 45-5-503, MCA. Thus, the District Court stated that if the State called Turk as the witness and the defense objected, it would grant the defense a one-day continuance.

¶ 1 Shane Grindheim (Grindheim) appeals from the jury verdict rendered in the Tenth Judicial District Court, Fergus County, finding him guilty of sexual intercourse without consent under § 45-5-503, MCA. An Omnibus Hearing was held on February 4, 2002, and a trial by jury commenced on June 10, 2002. If sufficient evidence exists for the trier of fact to find the elements of the charged offense beyond a reasonable doubt, no abuse of discretion results. The District Court concluded that a one-day continuance would be sufficient to cure any prejudice because “Ms.

¶ 7 Did the District Court err in imposing sentence? laid down on a couch in the living room.¶ 9 Meanwhile, Grindheim, Sam Knox (Knox), and Rocky Stonehocker (Stonehocker), all from Denton, Montana, also decided to spend the evening at Poser's home because Grindheim had been living and paying rent there that summer and was in the process of moving out. That evening, all three drank alcohol and visited friends in the Lewistown area.¶ 10 At one o'clock in the morning, Grindheim, Knox, and Stonehocker stopped by Poser's home. stated that she told Grindheim she did not want to do it, but that Grindheim continued to force her head down on his penis to perform oral sex. This prompted Grindheim's counsel to ask the District Court to allow Dr.

FACTUAL AND PROCEDURAL BACKGROUND¶ 8 On August 24, 2001, E. They were carrying beer and drinking, and left again shortly thereafter. ended up sharing the couch, each lying on opposite sides of the couch.¶ 11 E. testified that over the next 30 minutes, Grindheim continually asked her to come under the covers, but that she had replied, “No.” E. explained that Grindheim then grabbed her hand and tried to lure her under the covers without success, and that he began asking her to give him a “blow job.” E. testified that at this point, Grindheim's pants were off and that she saw his erect penis. Ofshe to testify out of order before the granting of the one-day continuance.

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Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any data presented on this site.There is an attached garage, large lawn with a fenced back yard. Washer and dryer are included with an additional mud sink to make doing laundry a breeze. ¶ 5 Did the District Court abuse its discretion by denying Grindheim's request to instruct the jury on a lesser included offense of endangering the welfare of children? pulled her head up, but Grindheim pushed it back down again, wherein E. then pushed Grindheim away, ran into the bathroom, locked the door and stayed there for approximately one-half hour. On September 16, 2002, the District Court granted Grindheim's motion for stay of execution of his sentence pending appeal. However, on that day, Grindheim's out-of-state expert witness, Dr.¶ 6 Did the District Court abuse its discretion in excusing a juror after the case had been submitted to the jury? testified that as she turned her head, her cheek and then her mouth went on Grindheim's penis, which she stated was in her mouth about one-half of a second. S.'s mouth was on his penis a second time for less than one-half of a second. STANDARD OF REVIEW ¶ 16 We review evidence in a criminal trial in a light most favorable to the prosecution to determine whether the trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Ofshe, was also scheduled to testify, and further, had to depart that evening.A Gallatin County Sheriff is recovering at the Benefis Hospital in Great Falls after a motorcycle crash on August 5th.


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