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MATTER OF McFADDEN

No. 79-57.

605 P.2d 599 (1980)

In the Matter of Daniel McFADDEN.

Supreme Court of Montana.

Decided January 16, 1980.

Attorney(s) appearing for the Case

Daniel McFadden, pro se.

Mike Greely, Atty. Gen., Helena, John G. Winston, County Atty., Butte, for respondent.

SHEA, Justice.

This is an original petition for post-conviction relief by Daniel McFadden, an inmate of the Montana State Prison. Petitioner contends that he is entitled to designation as a "nondangerous offender for purposes of parole eligibility" under the provisions of section 46-18-404(1), MCA. Designation as a nondangerous offender enables a prisoner to be eligible for parole after he has served one-quarter of his sentence.

On September 14, 1978, petitioner...

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