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STATE v. YOREK

No. 01-351.

45 P.3d 872 (2002)

2002 MT 74

STATE of Montana, Plaintiff/Respondent, v. Terry Gene YOREK, Defendant/Appellant.

Supreme Court of Montana.

Decided April 16, 2002.

Attorney(s) appearing for the Case

Terry Gene Yorek, Deer Lodge, Montana (pro se).

Mike McGrath, Montana Attorney General, Ilka Becker, Assistant Montana Attorney General, Helena, Montana; George H. Corn, Ravalli County Attorney, Hamilton, Montana, For Respondent.

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

¶ 1 On January 2, 2001, Terry Yorek (Yorek) petitioned the Twenty First Judicial District Court for postconviction relief following sentencing on a felony DUI, during which the court also designated Yorek a persistent felony offender. The District Court dismissed Yorek's petition, concluding that it had jurisdiction to impose the persistent felony offender designation, and that Yorek waived his claim...

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