State v. Stephens

Defendant Jesse D. Stephens (Stephens) appeals from a conviction of robbery following a trial before a jury in the Fourth Judicial District, Missoula County. He presents the following issues for review:(1) Whether the testimony of Forrest Bex (Bex) should have been allowed in evidence over the objection as to his competency as a witness.(2) Whether the sentence imposed, which is twice as long as that recommended by the presentence report, is valid.

We affirm.

On the evening of February 2, 1980, Carla E. Rasmussen (Rasmussen) was the only clerk in a Circle K store in East Missoula, Montana.…