Legal Opinion

State v. David Kime

Montana Supreme Court

Decided January 29, 2013No. DA 12-0320PublishedCited by 2 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 David Kime appeals from his sentence as a persistent felony offender. We affirm in part and reverse in part.

¶2 Kime presents the following issues for review:

¶3 Issue One: Whether the District Court erred by sentencing Kime as a persistent felony offender.

¶4 Issue Two: Whether the District Court erred in sentencing Kime to 30 days in jail for careless driving.

¶5 Issue Three: Whether Kime received ineffective assistance of counsel at sentencing.

PROCEDURAL AND FACTUAL BACKGROUND

¶6 In August 2011, the State charged Kime with felony driving under the influence of alcohol (§§ 61-8-401 and…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Whitlow v. StateMontana Supreme Court · 2008
  3. State v. KotwickiMontana Supreme Court · 2007
  4. State v. GundersonMontana Supreme Court · 2010
  5. State v. GarrymoreMontana Supreme Court · 2006

10 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Rose v. StateMontana Supreme Court · 2013
  2. State v. M. HinshawMontana Supreme Court · 2018

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