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STATE v. MILLER

No. 91-547.

833 P.2d 1040 (1992)

STATE of Montana, Plaintiff and Respondent, v. Edward F. MILLER, Defendant and Appellant.

Supreme Court of Montana.

Decided June 2, 1992.

Attorney(s) appearing for the Case

Arthur J. Thompson, Thompson & Sessions, Billings, for defendant and appellant.

Marc Racicot, Atty. Gen., Paul D. Johnson, Asst. Atty. Gen., Helena, and A.W. "Tony" Kendall, Carbon County Atty., Red Lodge, for plaintiff and respondent.

GRAY, Justice.

Defendant Edward F. Miller appeals the order of the District Court for the Thirteenth Judicial District, Carbon County, denying his Motion to Withdraw Guilty Pleas. Miller's motion was based on the recanting of testimony on which he based his Alford plea to the charges against him. We affirm.

The sole issue on appeal is whether the District Court abused its discretion in denying the motion to withdraw pleas.

D. and D., Miller...

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