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STATE v. POPE

No. 00-048.

80 P.3d 1232 (2003)

2003 MT 330

STATE of Montana, Plaintiff and Respondent, v. Vance Leon POPE, Defendant and Appellant.

Supreme Court of Montana.

Decided December 2, 2003.

Attorney(s) appearing for the Case

For Appellant Chad Wright (argued), Appellate Defender Officer, Helena, Montana.

For Respondent Mike McGrath, Attorney General; Cregg W. Coughlin (argued), Assistant Attorney General, Helena, Montana Fred Van Valkenburg, Missoula County Attorney, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The Defendant, Vance Pope (Pope), was convicted of sexual intercourse without consent and kidnapping on June 29, 1994, in the District Court for the Fourth Judicial District, Missoula County. He filed a petition for postconviction relief on September 8, 1999. The District Court denied that petition and he appealed. We reversed the District Court and remanded his petition for a full evidentiary hearing...

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