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STATE v. BORCHERT

No. 96-310.

934 P.2d 170 (1997)

STATE of Montana, Plaintiff and Respondent, v. Ronald Edward BORCHERT, Defendant and Appellant.

Supreme Court of Montana.

Decided March 6, 1997.

Attorney(s) appearing for the Case

Jennifer Wendt Bordy, Bozeman, MT; Suzanne C. Smith, Marshall & Smith, Bozeman, MT, for Appellant.

Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General; Mike Salvagni, Gallatin County Attorney, Marty Lambert, Deputy Gallatin County Attorney, Bozeman, MT, for Respondent.

HUNT, Justice.

Appellant Ronald Edward Borchert (Borchert) was convicted of two counts of robbery following a jury trial in the Eighteenth Judicial District Court, Gallatin County. Borchert appeals.

We reverse and remand for a new trial.

The following issues are dispositive:

1. Did the District Court abuse its discretion in denying Borchert's motion to continue?

2. Was Borchert denied effective assistance of counsel when his co-defendant...

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