State v. Williams
Annotate this CaseAfter a jury trial, Defendant was found guilty of theft, a felony, and was sentenced as a persistent felony offender to a term of twenty-five years at Montana State Prison, with fifteen suspended, and ordered to pay restitution in the amount of $25,000. The Supreme Court affirmed, holding (1) the Court declines to exercise plain error review of Defendant’s challenge to the district court’s failure to instruct the jury that the State was required to prove that Defendant acted with the purpose to deprive; and (2) Defendant has not established a claim for ineffective assistance of counsel for counsel’s failure to object to the jury instructions as given by the court.
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