State v. Wright
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The Supreme Court reversed the sentencing order and judgment issued by the district court imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defendant received ineffective assistance during the sentencing hearing.
On appeal, Defendant argued that she received ineffective assistance of counsel when her attorney, while arguing for a deferred sentence, failed to inform the district court of his authority to impose an alternative sentence under Mont. Code Ann. 45-9-202. The Supreme Court agreed, reversed Defendant's sentence, and remanded for resentencing, holding that Defendant received ineffective assistance of counsel at sentence when her counsel failed to cite the Alternative Sentencing Authority, Mont. Code Ann. 45-9-202, as authority for Defendant's eligibility for a deferred sentence.
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