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STATE v. PHILLIPS

No. 05-702.

159 P.3d 1078 (2007)

2007 MT 117

337 Mont. 248

STATE of Montana, Plaintiff and Respondent, v. Christopher R. PHILLIPS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 15, 2007.

May 15, 2007.

Attorney(s) appearing for the Case

For Appellant: J. Blaine Anderson, Dillon, Montana.

For Respondent: Mike McGrath, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana, Marvin S. McCann, County Attorney, Dillon, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Phillips appeals from the denial of his petition for postconviction relief and motion to withdraw his guilty plea by the Fifth Judicial District Court, Beaverhead County. We affirm.

¶ 2 We address the following issues:

¶ 3 1. Is Phillips' postconviction claim procedurally barred by § 46-21-105(2), MCA?

¶ 4 2. Did the District Court err in denying Phillips' petition...

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