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HAGAN v. STATE

No. 93-327.

873 P.2d 1385 (1994)

Robert HAGAN, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided March 22, 1994.

Rehearing Denied April 14, 1994.

Attorney(s) appearing for the Case

Jay F. Lansing, Moses Law Firm, Billings, for petitioner and appellant.

Joseph P. Mazurek, Atty. Gen., Carol E. Schmidt, Asst. Atty. Gen., Helena, Garry P. Bunke, Custer County Atty., Miles City, for respondent and respondent.

TRIEWEILER, Justice.

Robert Hagan filed a petition for post-conviction relief in the District Court for the Sixteenth Judicial District in Rosebud County after he pled guilty and was convicted of attempted sexual intercourse without consent, in violation of § 45-5-503, MCA (1987). Hagan alleged that his conviction was improper and violated his constitutional rights because the victim was his natural daughter and the only crime with which he could have been charged...

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