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STATE v. AUDET

No. 03-722.

96 P.3d 1144 (2004)

2004 MT 224

322 Mont. 415

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

Supreme Court of Montana.

Decided August 18, 2004.

Attorney(s) appearing for the Case

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

For Respondent: Honorable Mike McGrath, Montana Attorney General, Jennifer Anders, Assistant Attorney General, Anthony Johnstone, Assistant Attorney General, Helena, Montana; Brant Light, Cascade County Attorney, Joel Thompson, Deputy County Attorney, Great Falls, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 David Audet (Audet) was convicted by a jury of Assault on a Peace Officer, a Felony, and Resisting Arrest, a Misdemeanor. He appeals his conviction on the ground that he did not receive effective assistance of counsel. We conclude, however, that Audet's claim for ineffective assistance of counsel cannot be addressed without considering matters outside the record and, therefore, this appeal must...

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