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STATE v. JOHNSTON

No. DA 06-0169.

193 P.3d 925 (2008)

2008 MT 318

346 Mont. 93

STATE of Montana, Plaintiff and Appellee, v. Brian Anthony JOHNSTON, Defendant and Appellant.

Supreme Court of Montana.

Decided September 12, 2008.

Attorney(s) appearing for the Case

For Appellant: Noel K. Larrivee, Attorney at Law, Polson, Montana.

For Appellee: Hon. Mike McGrath, Attorney General; Joslyn Hunt, Assistant Attorney General, Helena, Montana, Robert A. Long, Lake County Attorney; Mitchell Young, Deputy County Attorney, Polson, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Brian Anthony Johnston (Johnston) appeals from the Order of the Twentieth Judicial District Court, Lake County, denying his Motion to Set Aside Revocation and Petition for Post-conviction Relief. We affirm.

¶ 2 We review the following issues on appeal:

¶ 3 Does § 46-21-105(2), MCA, bar Johnston's claim that the District Court revoked his probation in violation of the...

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