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BAUER v. STATE

No. 98-553.

983 P.2d 955 (1999)

1999 MT 185

Chester R. BAUER, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided August 3, 1999.

Attorney(s) appearing for the Case

William F. Hooks, Montana Appellate Defender Office, Helena, Montana, For Appellant.

Joseph P. Mazurek, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Helena, Montana, Mark Harshman, Blaine County Attorney, Chinook, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Chester R. Bauer (Bauer) appeals from the denial of his petition for post-conviction relief by the Seventeenth Judicial District Court, Blaine County. We reverse and remand for resentencing.

¶ 2 The sole issue on appeal is whether the District Court erred in concluding that Bauer was not entitled to resentencing on due process grounds.

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