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STATE v. RAVE

No. 03-786.

109 P.3d 753 (2005)

2005 MT 78

326 Mont. 398

STATE of Montana, Plaintiff and Respondent, v. Chad Alan RAVE, Defendant and Appellant.

Supreme Court of Montana.

Decided March 29, 2005.

Attorney(s) appearing for the Case

For Appellant: Kristina Guest, Appellate Defender Office, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Montana Robert Long, Lake County Attorney; Mark A. Russell, Deputy County Attorney, Polson, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 In 2002 Chad Alan Rave ("Rave") was charged with sexual assault with bodily injury. Rave, advised by counsel, accepted a plea agreement offered by the State and changed his plea to guilty. Prior to sentencing Rave moved to withdraw his guilty plea claiming that his counsel was ineffective. The District Court entered an order denying Rave's motion and sentenced Rave pursuant to the plea agreement; Rave...

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