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STATE v. HERMAN

No. DA 06-0427.

188 P.3d 978 (2008)

2008 MT 187

343 Mont. 494

STATE of Montana, Plaintiff and Appellee, v. Sheri Lee HERMAN, Defendant and Appellant.

Supreme Court of Montana.

Decided May 29, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Joslyn M. Hunt, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General, Helena, Montana Dennis Paxinos, Yellowstone County Attorney; Ingrid Rosenquist, Deputy County Attorney, Billings, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Sheri Herman appeals from a judgment in the Thirteenth Judicial District, Yellowstone County, finding her guilty of felony DUI, designating her a Persistent Felony Offender, and sentencing her to seven years at the Montana State Women's Prison.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Does Herman present a record-based claim of ineffective assistance of counsel...

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