State v. Kolberg

Defendant, Darren Kolberg, was charged in the District Court for the Seventh Judicial District, Dawson County, with the misdemeanor offense of Driving Under the Influence of Alcohol, Third Offense, in violation of § 61-8-401, MCA. The jury found him guilty as charged. Defendant appeals. We affirm.

The two issues for our consideration are:

1. Was defendant denied his Sixth Amendment Right to effective assistance of counsel?

2. Whether prosecutorial misconduct occurred during the trial?

On July 23, 1988, while on patrol, officers Moccasin and Barsotti observed the vehicle driven by defendant…