State v. Walter

The Supreme Court reversed the judgment of the district court sentencing Defendant to five years in the Montana State Prison, holding that Defendant’s attorney provided ineffective assistance of counsel and that Defendant was prejudiced as a result.Defendant pleaded guilty to criminal possession of dangerous drugs, criminal possession of drug paraphernalia, and obstructing a peace officer. The district court sentenced Defendant to five years in the Montana State Prison for criminal possession of dangerous drugs. On appeal, Defendant argued that his defense counsel’s failure to cite Mont. Code Ann. 45-9-202 and its application in State v. Brendal, 213 P.3d 448 (Mont. 2009), amounted to ineffective assistance of counsel that prejudiced the result of his sentencing hearing. The Supreme Court agreed and reversed, holding that Defendant’s attorney provided ineffective assistance by filing to cite section 45-9-202 and Brendal, resulting in prejudice to Defendant. The Court remanded the cause for resentencing. View "State v. Walter" on Justia Law