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STATE v. KOUGL

No. 03-503.

97 P.3d 1095 (2004)

2004 MT 243

322 Mont. 6

STATE of Montana, Plaintiff and Respondent, v. Mark Robert KOUGL, Defendant and Appellant.

Supreme Court of Montana.

Decided September 8, 2004.

Attorney(s) appearing for the Case

For Appellant: Chad Wright, Appellate Defender, Helena, Montana Missoula, Montana.

For Respondent: Mike McGrath, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana, Brant S. Light, Cascade County Attorney, Great Falls, Montana.

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

¶ 1 Mark Robert Kougl appeals from a conviction of Operation of Unlawful Clandestine Laboratory. We reverse.

¶ 2 We restate the issues on appeal as:

¶ 3 Is Kougl's ineffective assistance of counsel claim properly before us on direct appeal, or is a postconviction proceeding the proper forum?

¶ 4 Whether Kougl's trial counsel provided ineffective assistance because...

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