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SWEARINGEN v. STATE

No. 99-595.

18 P.3d 998 (2001)

2001 MT 10

Jack SWEARINGEN, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided February 14, 2001.

Rehearing Denied March 1, 2001.

Attorney(s) appearing for the Case

William F. Hooks, Chad Wright, Appellate Defender Office, Helena, MT, For Appellant.

Joseph P. Mazurek, Montana Attorney General, Pamela P. Collins, Assistant Montana Attorney General, Helena, MT; Fred R. Van Valkenburg, Missoula County Attorney, Karen S. Townsend, Deputy County Attorney, Missoula, MT, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Jack Swearingen (Swearingen) appeals from the Fourth Judicial District Court's September 3, 1999 Opinion and Order denying his petition for postconviction relief. We reverse and remand for further proceedings consistent with this opinion.

Background

¶ 2 On December 10, 1997, Swearingen, represented by counsel, pleaded guilty under a plea agreement to two counts of sexual abuse...

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