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STATE v. BIRTHMARK

No. DA 11-0613.

300 P.3d 1140 (2013)

2013 MT 86

STATE of Montana, Plaintiff and Appellee, v. Michael Todd BIRTHMARK, Defendant and Appellant.

Supreme Court of Montana.

Decided April 9, 2013.

Rehearing Denied May 28, 2013.

Attorney(s) appearing for the Case

For Appellant: Wade M. Zolynski , Chief Appellate Defender; Kristen L. Larson , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Katie F. Schulz , Assistant Attorney General, Helena, Montana, Nickolas Murnion , Valley County Attorney; C. David Gorton , Deputy County Attorney, Glasgow, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Michael Todd Birthmark appeals from his conviction of the offense of Partner or Family Member Assault (PFMA), a felony, after a jury trial on June 21, 2011. We affirm the conviction and remand for correction of the written judgment.

¶ 2 Birthmark presents the following issues for review:

¶ 3 Issue One: Whether Birthmark's attorney provided ineffective assistance of counsel...

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