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STATE v. PERSAK

No. 92-062.

847 P.2d 280 (1993)

STATE of Montana, Plaintiff and Respondent, v. James John PERSAK, Defendant and Appellant.

Supreme Court of Montana.

Decided February 11, 1993.

Attorney(s) appearing for the Case

Charles A. Graveley, Townsend, for Defendant and Appellant.

Marc Racicot, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Mike McGrath, Lewis and Clark County Attorney, and Carolyn A. Clemens, Deputy County Attorney, Helena, for Plaintiff and Respondent.

TRIEWEILER, Justice.

Defendant James Persak appeals from an order of the First Judicial District Court of the State of Montana, denying his motion to withdraw his guilty plea and refusing to dismiss the charges against him. We affirm the District Court.

There is one issue on appeal. Did the District Court abuse its discretion when it denied defendant's motion to withdraw his plea and ordered that defendant be resentenced by a different judge after the State...

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