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MOTHKA v. STATE

No. 96-139.

931 P.2d 1331 (1997)

Terry Lynn MOTHKA, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided February 20, 1997.

Attorney(s) appearing for the Case

Kenneth R. Olson, Great Falls, for Petitioner and Appellant.

Joseph P. Mazurek, Attorney General; Elizabeth S. Baker, Assistant Attorney General, Helena, Brant Light, County Attorney; Kirsten H. LaCroix, Deputy County Attorney, Great Falls, for Respondent and Respondent.

TURNAGE, Chief Justice.

Terry Mothka was convicted and sentenced for conspiracy to sell dangerous drugs in the Eighth Judicial District Court, Cascade County. He petitioned for post-conviction relief, which the District Court denied. Mothka appeals from the denial of his petition for post-conviction relief. We affirm.

The following two issues are raised on appeal:

1. Did the District Court properly apply § 46-21-105(2), MCA, to deny Mothka's petition...

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