State v. Berosik

¶1 After trial by jury, Darwin Keith Berosik was convicted of two counts of incest in the District Court of the Eleventh Judicial District, Flathead County. He was sentenced to 30 years in the Montana State Prison with 20 suspended. Berosik raises the following issues on appeal:

¶2 Issue 1: Must the judgment be reversed because Berosik was excluded from individual voir dire?

¶3 We conclude that the answer to the question posed by Issue 1 must be ‘Ves.” Thus, Berosik is entitled to a new trial. Athough we reverse Berosik’s conviction, we deem it appropriate to address other issues, as they are…