State v. Christofferson

Defendant was found guilty by jury trial in District Court, Eighth Judicial District, Cascade County, of the offenses of felony burglary, in violation of § 45-6-204(1), MCA, and felony sexual intercourse without consent, in violation of § 45-5-503(1), MCA. Defendant was sentenced on November 9, 1988, to the Montana State Prison to concurrent terms of ten years for each offense with five years suspended on each offense. Christofferson appeals only the issue of the burglary charge. We affirm.

The issue here is whether the District Court erred in denying defendant’s motion to dismiss the burglary…