State v. Marty

The state appeals from an order granting defendant a new trial because of ineffective assistance of counsel. Because the trial court correctly concluded that defendant’s trial counsel was ineffective, thereby prejudicing defendant, we affirm. We do not address defendant’s argument that he is entitled to a new trial because of errors in admitting and excluding evidence.

Defendant was charged with five counts of sexual assault, four alleging sexual contact and one alleging sexual intercourse. The sexual intercourse charge was dismissed prior to trial, and defendant was found guilty of the other…