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BACA v. STATE

No. DA 07-0017.

197 P.3d 948 (2008)

2008 MT 371

346 Mont. 474

Martin Mariano BACA, Plaintiff and Appellant, v. STATE of Montana, Defendant and Appellee.

Supreme Court of Montana.

Decided November 10, 2008.

Attorney(s) appearing for the Case

For Appellant: Nancy G. Schwartz, Attorney at Law, Billings, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Ann-Marie McKittrick, Deputy County Attorney, Billings, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Martin Mariano Baca (Baca) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, denying his petition for postconviction relief in part. Baca also appeals from the sentence imposed on his conviction for partner or family member assault (PFMA) in the underlying criminal proceeding. We affirm in part, reverse in part and remand for further proceedings.

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