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STATE v. ALIFF

No. 99-431.

21 P.3d 624 (2001)

2001 MT 52

STATE of Montana, Plaintiff and Respondent, v. David R. ALIFF, Defendant and Appellant.

Supreme Court of Montana.

Decided April 5, 2001.

Attorney(s) appearing for the Case

For Appellant: Chad Wright, Assistant Appellate Defender, Appellate Defender Office, Helena, MT.

For Respondent: Joseph P. Mazurek, Montana Attorney General, Pamela P. Collins, Assistant Attorney General, Helena, MT; Michael McGrath, Lewis and Clark County Attorney, Michael Menahan, Deputy Lewis and Clark County Attorney, Helena, MT.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 David R. Aliff (Aliff) was convicted in Montana's First Judicial District Court, Lewis and Clark County, of attempted deliberate homicide and sexual intercourse without consent and now appeals. We affirm.

¶ 2 The issue on appeal is whether or not Aliff's trial counsel was ineffective for not offering an alternative jury instruction regarding the offense of aggravated assault, resulting...

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