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Tuesday, June 03, 2008

Ineffective assistance of counsel remand

2001 MT 210
STATE OF MONTANA,v.
CRAIG WILLIAM FRAZIER

1. Did the District Court have jurisdiction to set conditions for future probationary
sentencing and to change Frazier's sentences from consecutive to concurrent after
revocation of their suspension?
2. Did the District Court abuse its discretion by commenting on Frazier's criminal
propensities in the disposition order?
3. Did the District Court err by failing to inquire whether Frazier received effective
assistance of counsel during the revocation and resentencing proceedings?
Due to the dearth of evidence regarding the attorney client
relationship in the record, we cannot reach the substance of Frazier's claim of
ineffective assistance of counsel on appeal.
Remanded for resentencing in accordance with this opinion.

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