State v. Greene, 2015 MT 1 (Jan. 6, 2015) (Wheat, J.) (5-0, aff’d, rev’d in part)
Issue: (1) Whether Greene’s ineffective assistance of counsel claim was reviewable on postconviction relief; (2) whether the lower court erred in providing jury with a portion of the testimony; and (3) whether the written sentence unlawfully increased the oral sentence.
Short Answer: (1) No; (2) no; and (3) yes.
Affirmed in part, reversed in part
Facts: Greene was convicted of felony sexual assault in 1994. He was required to register as a sexual offender upon his release from prison, although not assigned a sexual offender tier level designation.
After being discharged from prison in July 2011, Greene registered his address with Missoula County, and signed a form regarding rules for updating his address.…