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BASTO v. STATE

No. 03-193.

97 P.3d 1113 (2004)

2004 MT 257

322 Mont. 80

320 Mont. 80

Timothy S. BASTO, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided September 14, 2004.

Attorney(s) appearing for the Case

For Appellant: Timothy S. Basto, pro se, Shelby, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Pamela P. Collins, Assistant Attorney General, Helena, Montana, Brant Light, County Attorney, Great Falls, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Timothy Sean Basto (Basto) appeals from the order entered by the Eighth Judicial District Court, Cascade County, dismissing his petition for postconviction relief. We affirm.

¶ 2 We address the following issue on appeal:

¶ 3 Did the District Court err in dismissing Basto's petition for postconviction relief, which alleged that his sentence constituted cruel and unusual punishment...

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