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STATE v. BARRACK

No. 93-086.

882 P.2d 1028 (1994)

STATE of Montana, Plaintiff and Respondent, v. Donald BARRACK, Defendant and Appellant.

Supreme Court of Montana.

Decided October 13, 1994.

Attorney(s) appearing for the Case

J. Dirk Beccari and Marcia M. Jacobson, Public Defender Office, Missoula, for appellant.

Joseph P. Mazurek, Atty. Gen., Carol Schmidt, Asst. Atty. Gen., Robert L. Deschamps, III, Missoula County Atty., Fred Van Valkenburg, Deputy Missoula County Atty., for respondent.

NELSON, Justice.

This is an appeal from a Fourth Judicial District Court, Missoula County, jury verdict finding Donald Barrack, guilty of aggravated assault, and from the accompanying judgment filed on August 21, 1992. We affirm.

The following are issues on appeal:

I. Did the District Court err in treating Barrack's motion for a new trial as a petition for post-conviction relief under a writ of coram nobis...

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