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STATE v. TYLER

No. DA 07-0451.

204 P.3d 685 (2009)

2009 MT 75

349 Mont. 461

STATE of Montana, Plaintiff and Appellee, v. Andrew Lee TYLER, Defendant and Appellant.

Supreme Court of Montana.

Decided March 17, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Shannon McDonald, Assistant Appellate Defender, Helena, Montana.

For Appellee: Steve Bullock, Montana Attorney General; David Ole Olson, Assistant Attorney General, Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Christopher A. Morris, Deputy County Attorney, Billings, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Pursuant to a plea agreement, Andrew Lee Tyler pled guilty to partner family member assault in the Thirteenth Judicial District Court, Yellowstone County. Before he was sentenced, Tyler moved to withdraw his guilty plea, claiming he discovered new evidence, and thus good cause existed for the District Court to grant his motion. The District Court denied his motion. Tyler appeals.

¶ 2 The...

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