STATE v. BIRTHMARK

No. 91-411.

833 P.2d 1103 (1992)

STATE of Montana, Plaintiff and Respondent, v. Michael T. BIRTHMARK, Defendant and Appellant.

Supreme Court of Montana.

Decided July 2, 1992.


Attorney(s) appearing for the Case

Michael T. Birthmark, Pro se,

Marc Racicot, Atty. Gen., Jennifer M. Anders, Asst. Atty. Gen., Helena, Christopher G. Miller, County Attorney, Deer Lodge, for plaintiff and respondent.


GRAY, Justice.

The defendant, Michael T. Birthmark (Birthmark), appeals his conviction of possession of a deadly weapon while in prison, pursuant to § 45-8-318, MCA, following a jury trial in the Third Judicial District Court, Powell County. We affirm.

As a preliminary matter, we note that after the notice of appeal was filed in this case, Birthmark's trial counsel filed with the District Court a motion to withdraw as counsel on the basis of lack of meritorious...

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