STATE v. YARNALL

No. 03-320.

102 P.3d 34 (2004)

2004 MT 333

324 Mont. 164

STATE of Montana, Plaintiff and Respondent, v. Derek William YARNALL, Defendant and Appellant.

Supreme Court of Montana.

Decided November 23, 2004.


Attorney(s) appearing for the Case

For Appellant: Jennifer Wendt Bordy, Angel Coil & Bartlett, Bozeman, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Tammy K. Plubell, Assistant Attorney General, Helena, Montana; Marty Lambert, Gallatin County Attorney, Bozeman, Montana.


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

¶ 1 Derek William Yarnall pled guilty to one count of Mitigated Deliberate Homicide pursuant to a plea agreement, and was sentenced to the custody of the Director of the Department of Public Health and Human Services ("DPHHS") to be placed in a correctional or mental health facility for a period of forty years. He later moved to withdraw his guilty plea and have the charges against him dismissed on...

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