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STATE v. FRAZIER

No. DA 06-0271.

153 P.3d 18 (2007)

2007 MT 40

STATE of Montana, Plaintiff and Respondent, v. Gary Gene FRAZIER, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided February 13, 2007.

Attorney(s) appearing for the Case

For Appellant: Frank A. Piocos, Deputy Public Defender, Billings, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Pamela P. Collins, Assistant Attorney General, Helena, Montana, Dennis Paxinos, County Attorney, Missoula, Montana.

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

¶ 1 Defendant Gary Frazier appeals the District Court's denial of his motion to withdraw the guilty plea he made in Justice Court to partner or family member assault. We reverse and remand to the District Court.

¶ 2 We restate the issue as follows:

¶ 3 Did the District Court err in denying Frazier's motion to withdraw his guilty plea?

BACKGROUND

¶...

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