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STATE v. HOWARD

No. 96-196.

938 P.2d 710 (1997)

STATE of Montana, Plaintiff and Respondent, v. Michael D. HOWARD, Defendant and Appellant.

Supreme Court of Montana.

Decided May 29, 1997.

Attorney(s) appearing for the Case

William F. Hooks, Helena, for defendant and appellant.

Joseph P. Mazurek, Attorney General, Elizabeth Griffing, Assistant Attorney General, Helena; Gerald J. Navratil, County Attorney, Glendive, for plaintiff and respondent.

HUNT, Justice.

Appellant Michael D. Howard (Howard) appeals the decision of the Seventh Judicial District Court, Dawson County, denying his "Motion to Vacate Conviction." We affirm.

Howard presents two issues on appeal:

1. Did the District Court err by construing Howard's "Motion to Vacate Conviction" as a petition for post-conviction relief?

2. Did the District Court err by determining that Howard...

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