Justice Ingrid Gustafson delivered the Opinion of the Court.
APPEAL FROM: District Court of the Eighteenth Judicial District, In and For the County of Gallatin, Cause No. DC 14-71ax Honorable Mike Salvagni, Presiding Judge COUNSEL OF RECORD: For Appellant: Nick K. Brooke, Smith & Stephens, P.C., Missoula, Montana For Appellee: Timothy C. Fox, Montana Attorney General, Tammy K Plubell, Assistant Attorney General, Helena, Montana Martin D. Lambert, Gallatin County Attorney, Bozeman, Montana Filed: /s/_________
Clerk ¶31 In sum, Briggs has failed to demonstrate error on the part of the District Court in any of his claims on appeal. ¶32 We have determined to decide this case pursuant to Section I, Paragraph 3(c) of our Internal Operating Rules, which provides for memorandum opinions. In the opinion of the Court, the case presents a question controlled by settled law or by the clear application of applicable standards of review. ¶33 Affirmed.
The jury could not reach a verdict on the charged offense of Sexual Intercourse Without Consent, but found Briggs guilty of the lesser included offense of Sexual Assault.
The Court referenced March 10, 2014 to April 14, 2014 as institutional delay but had already attributed the delay between March 10 and March 24, 2014 to Briggs. --------
/S/ INGRID GUSTAFSON We concur: /S/ MIKE McGRATH
/S/ LAURIE McKINNON
/S/ BETH BAKER
/S/ JIM RICE
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