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AVERY v. BATISTA

No. OP 14-0058.

336 P.3d 924 (2014)

2014 MT 266

Russell Scott AVERY, Petitioner, v. Mike BATISTA, Director of Montana Department of Corrections, Ross Swanson, Acting Warden of Montana State Prison, Tom Green, Acting Warden of the Dawson County Correctional, and the Sentence Review Division, Respondent.

Supreme Court of Montana.

September 30, 2014.

OPINION AND ORDER

JIM RICE, Judge.

¶ 1 Russell Scott Avery (Avery) petitions this Court for extraordinary relief. Avery challenges the decision of the Sentence Review Division (Division), increasing his sentence in Cause No. DC 11-496.

¶ 2 Avery raises the following issues:

¶ 3 1. Did the Division err by denying Avery's request to withdraw his application for sentence review after...

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