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STATE v. PETTIJOHN

No. 01-133.

45 P.3d 870 (2002)

2002 MT 75

STATE of Montana, Plaintiff/Respondent, v. Larry Allen PETTIJOHN, Defendant/Appellant.

Supreme Court of Montana.

Decided April 16, 2002.

Attorney(s) appearing for the Case

Larry Allen Pettijohn, Deer Lodge, Montana (pro se), For Appellant.

Mike McGrath, Montana Attorney General, Ilka Becker, Assistant Montana Attorney General, Helena, Montana; Fred R. Van Valkenburg, Missoula County Attorney, Karen Townsend, Deputy Missoula County Attorney, Missoula, Montana, For Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 On September 12, 2000, Larry Pettijohn (Pettijohn), petitioned the Fourth Judicial District Court for postconviction relief when, following his guilty plea, he was sentenced to thirteen months for a felony DUI and ten years as a persistent felony offender. The District Court dismissed his petition when it concluded Pettijohn was barred from petitioning for postconviction relief, and that he waived...

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