State v. Larsen
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The Supreme Court affirmed Defendant’s conviction for felony possession of methamphetamine and misdemeanor possession of marijuana possession but reversed his sentence, holding that trial counsel’s deficient performance prejudiced Defendant during sentencing.
Specifically, the Court held (1) Defendant’s contention that trial counsel provided ineffective assistance by failing to file a motion to suppress evidence found during a search incident to arrest because Defendant’s initial arrest was illegal was not reviewable on direct appeal; (2) trial counsel provided ineffective assistance by incorrectly advising the district court that it had no authority to suspend or defer Defendant’s sentence; and (3) the district court improperly imposed multiple court information technology user surcharges in Defendant’s sentence. The Court remanded the case for a new sentencing hearing.
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