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STATE v. LEYBA

No. 94-491.

915 P.2d 794 (1996)

STATE of Montana, Plaintiff and Respondent, v. Antonio Rubin LEYBA, Defendant and Appellant.

Supreme Court of Montana.

Decided January 9, 1996.

Rehearing Denied February 8, 1996.

Attorney(s) appearing for the Case

Ian Christopherson, Christopherson Law Offices, Las Vegas, for Appellant.

Joseph P. Mazurek, Attorney General, Cregg Coughlin, Assistant Attorney General, Helena, Robert M. McCarthy, Silver Bow County Attorney, Brad Newman, Deputy County Attorney, Butte, for Respondent.

ERDMANN, Justice.

Defendant Antonio R. Leyba appeals from a jury verdict of the Second Judicial District Court, Silver Bow County, finding him guilty of deliberate homicide. We affirm.

The issues on appeal are as follows:

1. Was the defendant denied the effective assistance of counsel?

2. Did the District Court err in not instructing the jury sua sponte on the elements of mitigated deliberate homicide?

3. Was there sufficient...

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