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STATE v. MAYNARD

No. DA 09-0392.

233 P.3d 331 (2010)

2010 MT 115

STATE of Montana, Plaintiff and Appellee, v. Leslie Garvin MAYNARD, Defendant and Appellant.

Supreme Court of Montana.

Decided May 25, 2010.

Attorney(s) appearing for the Case

For Appellant: Colin M. Stephens; Smith & Stephens, P.C.; Missoula, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Sheri K. Sprigg, Assistant Attorney General; Helena, Montana. Fred Van Valkenburg; Missoula County Attorney; Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Leslie Garvin Maynard appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, revoking his suspended sentence. We affirm.

¶ 2 Maynard presents the following issues1 on appeal:

¶ 3 Did trial counsel render ineffective assistance by failing to argue that § 46-23-1012(3), MCA, prohibits initiation of a revocation...

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