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STATE v. GARNER

No. 00-091.

36 P.3d 346 (2001)

2001 MT 222

STATE of Montana, Plaintiff and Respondent, v. Russell G. GARNER, Defendant and Appellant.

Supreme Court of Montana.

Decided November 8, 2001.

Attorney(s) appearing for the Case

William F. Hooks, Kristina Guest, Appellate Defender Office, Helena, MT, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; Jim Wheelis, Assistant Attorney General, Helena, MT, Brant Light, Cascade County Attorney, Great Falls, MT, For Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 On November 15, 1999, Russell G. Garner filed a motion to withdraw his guilty pleas. The District Court denied his motion. Garner appeals. The following issues are dispositive:

1. Did the District Court violate Garner's due process rights by failing to hold a hearing to determine Garner's competence to stand trial?

2. Did the District Court abuse its discretion by denying Garner's motion...

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