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STATE v. LIEFERT

No. 01-337.

43 P.3d 329 (2002)

2002 MT 48

STATE of Montana, Plaintiff and Respondent, v. David Arnold LIEFERT, Defendant and Appellant.

Supreme Court of Montana.

Submitted January 15, 2002.

Decided March 19, 2002.

Rehearing Denied March 28, 2002.

Attorney(s) appearing for the Case

Michael Donahoe, Assistant Federal Defender, Federal Defenders of Montana, Helena, Montana, for Appellant.

Mike McGrath, Montana Attorney General, Cregg W. Coughlin, Assistant Montana Attorney General, Helena, Montana; John T. Flynn, Broadwater County Attorney, Townsend, Montana, for Respondent.

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

¶ 1 David Liefert (Liefert) was charged under federal law with unlawfully possessing a firearm, 18 U.S.C. § 922(g)(9), after pleading guilty under state law to partner assault, § 45-5-206, MCA, in Justice Court No. 1, Broadwater County. After the federal violation was charged, Liefert sought to withdraw his guilty plea to the partner assault in Justice Court, arguing good cause to withdraw...

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