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SORAICH v. STATE

No. 01-875.

53 P.3d 878 (2002)

2002 MT 187

Luke SORAICH, Petitioner, v. STATE of Montana, Respondent.

Supreme Court of Montana.

August 29, 2002.

Attorney(s) appearing for the Case

Chad Wright, Appellate Defender, Helena, Montana, for Petitioner.

Mike McGrath, Montana Attorney General, C. Mark Fowler, Assistant Montana Attorney General, Helena, Montana; Dennis Paxinos, Yellowstone County Attorney, Billings, Montana, for Respondent.

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

¶ 1 Luke Soraich appeals the summary dismissal of his petition for postconviction relief by the District Court for the Thirteenth Judicial District, Yellowstone County. We reverse and remand for an evidentiary hearing.

¶ 2 We address the following issue on appeal: Whether the District Court abused its discretion in summarily dismissing Soraich's petition for postconviction relief.

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