State v. Leavens

The defendant appeals his conviction for felony burglary, misdemeanor attempted theft, and misdemeanor criminal mischief, in the Cascade County District Court. His only claim on appeal is that he was denied effective assistance of counsel. We affirm the conviction.

On July 14, 1984, at about 5 a.m., a police officer on patrol heard glass breaking. As he drove toward the sound, the defendant and his companion, Lyle Gardipee, saw the officer and ran. The officer saw that the window at Bernadette’s Restaurant was broken and pursued, caught and arrested the two men for breaking the window. At the…