State v. Herman

¶ 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 based on her counsel’s failure to provide the District Court with a recently prepared psychological report?

¶4 2. Did the District Court err because it did not consider the psychological report which was mentioned by…