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STATE v. HENDERSON

No. 03-553.

93 P.3d 1231 (2004)

2004 MT 173

STATE of Montana, Plaintiff and Respondent, v. Alan B. HENDERSON, Defendant and Appellant.

Supreme Court of Montana.

Decided June 30, 2004.

Attorney(s) appearing for the Case

For Appellant: William Boggs, Missoula, Montana.

For Respondent: Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, County Attorney; Suzy Boylan, Deputy County Attorney, Missoula, Montana.

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

¶ 1 Henderson was charged with criminal possession of dangerous drugs. He pled guilty to the charge and received a five-year sentence. Afterwards, Henderson filed a petition for postconviction relief asserting the ineffective assistance of counsel. The Missoula County Public Defender's office opposed his petition, and the District Court appointed other counsel for Henderson. After an evidentiary...

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