Summary
The Montana Supreme Court affirmed the denial of Craig Andrews's petition for post-conviction relief based on alleged ineffective assistance of counsel. The court held that Andrews failed to substantially support his claims concerning lesser-included offenses, review of the presentence investigation report, and failure to file an appeal.
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Practice areas
Questions Presented
- Whether the District Court erred in concluding that Andrews failed to substantially support his ineffective-assistance-of-counsel allegations as required by Montana Code Annotated § 46-21-104.
- Whether Andrews provided sufficient factual or evidentiary support for his claims that counsel failed to explain lesser-included offenses, review the presentence investigation report, or file a requested appeal.
Holdings
- Andrews failed to identify or establish facts sufficient to support his ineffective-assistance claims as required by § 46-21-104, MCA; the denial of postconviction relief was therefore affirmed.
- Andrews failed to support his allegation that he requested an appeal and that counsel abandoned the appeal.
Key quotations
“To support a claim of ineffective assistance of counsel, a defendant must show: 1) counsel made errors so serious that his conduct fell short of the range of competence required of attorneys in criminal cases; and 2) counsel's errors were prejudicial.” (¶ 10)
Factual background
Andrews pleaded guilty to felony partner or family member assault in July 1998 while represented by Mark English. Brian Kohn later replaced English because of a conflict involving one of Andrews's DUI charges, represented Andrews in a plea agreement and consolidated sentencing, and Andrews received five years for PFMA followed by six months for DUI. Andrews claimed that counsel failed to explain lesser-included offenses, review the presentence investigation report, and appeal his sentence.
Procedural history
Andrews pleaded guilty to felony partner or family member assault and later pleaded guilty to one of two felony DUI charges under a plea bargain. After receiving consecutive sentences, he filed a pro se petition for postconviction relief and a motion to withdraw his PFMA guilty plea. The District Court denied relief, finding that he had not substantially supported his ineffective-assistance allegations, and the Montana Supreme Court affirmed.