State v. Walter

Chief Justice Mike McGrath delivered the Opinion of the Court.

***391¶1 Brian Keith Walter appeals from a July 19, 2016 Thirteenth Judicial District Court judgment sentencing him to five years in the Montana State Prison. We reverse.

¶2 We restate the issue on appeal as follows:

Was Walter prejudiced by ineffective assistance of counsel?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On July 16, 2015, the State charged Brian Keith Walter with Criminal Possession of Dangerous drugs, a felony, in violation of § 45-9-102(6), MCA (2015); Criminal Possession of Drug Paraphernalia, a misdemeanor, in violation of…