State v. Fauque

¶1 Lynn Edward Fauque (Fauque) appeals from the Judgment and Commitment entered by the First Judicial District Court, Lewis and Clark County, which sentenced him to the Montana State Prison (MSP) for two concurrent terms of 25 years, with all but 4 years suspended. We affirm.

¶2 The sole issue on appeal is whether the District Court erred in applying the 4-year mandatory minimum sentence for sexual intercourse without consent set forth in § 45-5-503(3)(a), MCA (1997).

BACKGROUND

¶3 The State of Montana (State) charged Fauque by information with two counts of sexual intercourse without consent in…