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Criminal procedure — Ineffective assistance of counsel — Post-conviction proceeding

Following trial in the Circuit Court for Charles County, a jury found Patrick Portzen, appellant, guilty of theft of at least $100 but less than $1,500, conspiracy to commit theft of at least $100 but less than $1,500, and disturbing the peace. The court sentenced him to
six months’ imprisonment for theft and conspiracy to commit theft, to be served concurrently, and 60 consecutive days’ imprisonment for disturbing the peace. Appellant noted an appeal from his convictions contending that he was denied his right to effective assistance of counsel when his trial counsel failed to argue that the evidence was legally insufficient to support the crime of disturbing the peace.

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