STATE v. DRGA

No. 95-558.

916 P.2d 739 (1996)

STATE of Montana, Plaintiff and Respondent, v. George F. DRGA, Defendant and Appellant.

Supreme Court of Montana.

Decided May 1, 1996.


Attorney(s) appearing for the Case

John Keith, Attorney at Law, Great Falls, for Appellant.

Joseph P. Mazurek, Attorney General, Jennifer Anders, Assistant Attorney General, Helena, Brant Light, Cascade County Attorney, Julie Macek, Deputy County Attorney, Great Falls, for Respondent.


ERDMANN, Justice.

This is an appeal from a decision of the Eighth Judicial District Court, Cascade County, denying George F. Drga's motion to withdraw guilty plea and motion to set aside sentence. We reverse.

The dispositive issue on appeal is whether the District Court erred in denying Drga's motion to withdraw a guilty plea and refusing to set aside Drga's conviction and sentence when it made no determination regarding Drga's fitness to proceed.

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