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STATE v. ROGERS

No. 00-364.

32 P.3d 724 (2001)

2001 MT 165

STATE of Montana, Plaintiff and Respondent, v. Donald P. ROGERS, Defendant and Appellant.

Supreme Court of Montana.

Decided August 21, 2001.

Attorney(s) appearing for the Case

Chad Wright, Appellate Defender, Helena, MT, For Appellant.

Joseph P. Mazurek, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, MT, Fred Van Valkenburg, County Attorney, Missoula, MT, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Donald Rogers (Rogers) appeals from the order of the Fourth Judicial District Court denying post-conviction relief. The District Court found that Rogers's claims of defense counsel's error in failing to request a "failure to agree" jury instruction and failing to preserve Rogers's right to appeal lacked merit and, therefore, any error was harmless. The court granted Rogers's double jeopardy claim...

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