Baca v. State

¶1 Martin Mariano Baca (Baca) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, denying his petition for postconviction relief in part. Baca also appeals from the sentence imposed on his conviction for partner or family member assault (PFMA) in the underlying criminal proceeding. We affirm in part, reverse in part and remand for further proceedings.

¶2 Baca raises the following issues:

¶3 1. Did the trial court err in sentencing Baca for a felony PFMA offense instead of a misdemeanor PFMA?

¶4 2. Did the District Court err in denying Baca’s…