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STATE v. LONE ELK

No. 04-423.

108 P.3d 500 (2005)

2005 MT 56

326 Mont. 214

STATE of Montana, Plaintiff and Respondent, v. Elvis LONE ELK, Defendant and Appellant.

Supreme Court of Montana.

Decided March 8, 2005.

Attorney(s) appearing for the Case

For Appellant: Robert L. Kelleher, Jr., Kelleher Law Office, Billings, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Ilka Becker, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney; Scott Twito, Deputy County Attorney, Billings, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Elvis Lone Elk appeals from the District Court's denial of his motion to withdraw his guilty plea. We affirm.

BACKGROUND

¶ 2 One night after eleven o'clock, Lone Elk went to the trailer of H.T. (Victim) looking for a woman named Jolene. It was November, and he was cold. Victim let him in and made him coffee. Lone Elk had no place...

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