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BENJAMIN v. McCORMICK

No. 89-182.

792 P.2d 7 (1990)

John Cleveland BENJAMIN, Petitioner and Respondent, v. Jack McCORMICK, Warden, Montana State Prison, Respondent and Appellant.

Supreme Court of Montana.

Decided May 8, 1990.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Robert F.W. Smith, Asst. Atty. Gen., Helena, for respondent and appellant.

John S. Forsythe, Forsyth, for petitioner and respondent.

TURNAGE, Chief Justice.

The State of Montana appeals a writ of habeas corpus issued by the Third Judicial District Court, Powell County, ordering the warden of the Montana State Prison to release prisoner John Benjamin on parole. The District Court found that Benjamin did not fully understand the consequences of his guilty plea when the sentencing court, prosecuting attorney, and defense attorney represented that he would be incarcerated approximately one year under...

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