State v. Briscoe

¶1 John Gordon Briscoe (“Briscoe”) appeals from his conviction for assault with a weapon in the Fourth Judicial District Court, Missoula County. We conclude Briscoe was not denied effective assistance of counsel, however, we reverse Briscoe’s sentence and remand to the District Court to correct his sentence.

BACKGROUND

¶2 On June 28, 2010, Briscoe stabbed Tom Trachy (‘Trachy”). Briscoe, a 72 year old man, had been a client of the Poverello Center, a Missoula, Montana, homeless shelter. Briscoe was kicked out of the shelter by Trachy on June 25, 2010, for violating the shelter’s no alcohol…