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GILBERT v. STATE

No. 01-639.

59 P.3d 24 (2002)

2002 MT 258

Roger Larue GILBERT, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided November 21, 2002.

Attorney(s) appearing for the Case

Roger L. Gilbert (pro se), Glendive, Montana.

Hon. Mike McGrath, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana. Robert M. McCarthy, Butte Silver Bow County Attorney; Carlo Canty, Deputy County Attorney, Butte, Montana, for Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Appellant Roger Gilbert pled guilty to and was sentenced for negligent arson and burglary in the Second Judicial District Court, Silver Bow County. Gilbert subsequently filed a petition for postconviction relief. The petition challenged the legality of the District Court's retention of jurisdiction for purposes of parole and a restitution provision in the sentence. The District Court denied Gilbert's...

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