STATE v. DYFORT

No. 99-564.

15 P.3d 464 (2000)

2000 MT 338

STATE of Montana, Plaintiff and Respondent, v. Yevgeniy Alekseevich DYFORT, Defendant and Appellant.

Supreme Court of Montana.

Decided December 19, 2000.


Attorney(s) appearing for the Case

Terry G. Sehestedt, Attorney at Law, Missoula, MT, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, MT, Fred Van Valkenberg, Missoula County Attorney, Missoula, MT, For Respondent.


Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 Yevgeniy Alekseevich Dyfort appeals from a conviction of burglary in the Fourth Judicial District Court, Missoula County. The sole issue raised on appeal is whether defense counsel was ineffective when he stipulated to admission of evidence of an accomplice's Alford plea of guilty in the absence of a cautionary statement to the jury. We dismiss the appeal without prejudice.

BACKGROUND

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