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PEÑA v. STATE

No. 03-595.

100 P.3d 154 (2004)

2004 MT 293

323 Mont. 347

Marcellino PEÑA, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Submitted March 30, 2004.

Decided October 21, 2004.

Attorney(s) appearing for the Case

For Appellant: Kristina Guest, Appellate Defender's Office, Helena, Montana.

For Respondent: Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Kevin Peterson, Deputy County Attorney, Billings, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Marcellino Peña (Peña) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, dismissing his petition for postconviction relief. We affirm.

¶ 2 The following issue is presented on appeal:

¶ 3 Did the District Court err in dismissing Peña's petition for postconviction relief which alleged that the District Court lacked statutory...

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