STATE v. McFARLANE

No. DA 06-0655.

176 P.3d 1057 (2008)

2008 MT 18

341 Mont. 166

STATE of Montana, Plaintiff and Appellee, v. Charles Osborne McFARLANE, Defendant and Appellant.

Supreme Court of Montana.

Decided January 29, 2008.


Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Nicholas Miller, Legal Intern, Helena, Montana.

For Appellee: Honorable Mike McGrath, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana.

Garry Bunke, County Attorney, Miles City, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Charles Osborne McFarlane (McFarlane) appeals from the judgment of the Sixteenth Judicial District Court, Custer County, denying his motion to withdraw his guilty plea. We affirm.

¶ 2 We consider the following issues on appeal:

¶ 3 1. Did the District Court err by denying McFarlane's motion to withdraw his guilty plea?

¶ 4 2. Did McFarlane's counsel for the...

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