STATE v. ROSE

No. 97-353.

972 P.2d 321 (1998)

1998 MT 342

STATE of Montana, Plaintiff and Respondent, v. Richard Wesley ROSE, Defendant and Appellant.

Supreme Court of Montana.

Decided December 30, 1998.

Rehearing Denied February 4, 1999.


Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender Office, Helena, for Appellant.

Joseph P. Mazurek, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Helena, John Bohlman, Musselshell County Attorney, Roundup, for Respondent.


HUNT, Justice.

¶ 1 A jury in the Fourteenth Judicial District Court, Musselshell County, found Richard Wesley Rose guilty of criminal possession of dangerous drugs and accountability for an aggravated burglary. He appeals. We reverse and remand in part and affirm in part.

¶ 2 The issues are whether Rose's counsel rendered ineffective assistance by failing to request a jury instruction that the testimony of Ross Albrecht must be viewed with distrust...

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