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STATE v. WHITEHORN

No. 00-171.

43 P.3d 922 (2002)

2002 MT 54

STATE of Montana, Plaintiff/Respondent, v. Daniel Joseph WHITEHORN, Defendant/Appellant.

Supreme Court of Montana.

Decided March 26, 2002.

Attorney(s) appearing for the Case

Peter Bovingdon, Public Defender's Office, Helena, Montana, For Appellant.

Joseph P. Mazurek, Montana Attorney General, Micheal S. Wellenstein, Assistant Montana Attorney General, Helena, Montana; Mike McGrath, Lewis and Clark County Attorney, Helena, Montana, For Respondent.

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

¶ 1 Daniel Joseph Whitehorn (Whitehorn) appeals from the order of the First Judicial District Court, Lewis and Clark County, denying his petition for postconviction relief. We reverse and remand.

¶ 2 The issue presented on appeal is whether the District Court erred in denying Whitehorn's petition for postconviction relief by not retroactively applying this Court's holding in State...

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