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STATE v. MANN

No. 04-137.

139 P.3d 159 (2006)

2006 MT 160

332 Mont. 476

STATE of Montana, Plaintiff and Respondent, v. Errol MANN, Defendant and Appellant.

Supreme Court of Montana.

Decided July 13, 2006.

Attorney(s) appearing for the Case

Chad Wright, Appellate Defender Office, Helena, for Appellant.

Mike McGrath, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, Brant Light, Cascade County Attorney; Susan L. Weber, Deputy County Attorney, Great Falls, for Respondent.

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

¶ 1 A jury convicted Errol Mann (Mann) of burglary and two counts of misdemeanor assault following a two-day trial in the Eighth Judicial District Court, Cascade County. He asserts on appeal that the District Court violated his fundamental constitutional right to be present and appear at all criminal proceedings. Mann also alleges ineffective assistance of counsel based on the jury instructions his...

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