State v. Peart
Annotate this CaseAfter a jury trial, Defendant was convicted of one count of incest. The district court sentenced Defendant to 100 years in the Montana State Prison with a possibility of parole after fifty years. The district court designated Defendant a Level 3 sexual offender. Defendant appealed. The Supreme Court affirmed, holding (1) Defendant's trial counsel did not render ineffective assistance of counsel by failing to conduct cross-examination of the State' witnesses at the sentencing hearing or failing to call any witnesses on Defendant's behalf; and (2) trial counsel did not render ineffective assistance by making no alternative sentencing recommendation.
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