Legal Opinion

State v. Azure

Montana Supreme Court

Decided December 30, 1977No. 13710PublishedCited by 37 opinions

1Opinion of the CourtJustice Shea

Defendant David L. Azure appeals from a judgment entered in the District Court, Blaine County, upon a plea of guilty to the crime of deliberate homicide, in violation of section 94-5-102(l)(a), R.C.M.1947.

The sole issue on appeal is whether the District Court abused its discretion in denying defendant’s motion to withdraw his guilty plea. While not specifically discussed by either party at the District Court level or in their briefs on appeal, we confine our ruling to the arraignment record, as we deem it to be controlling.

On June 29, 1976, defendant was charged by Information filed in Blaine…

2Cases cited3 opinions

  1. State v. TaylorMontana Supreme Court · 1973
  2. State v. ThomasMontana Supreme Court · 1966
  3. Jones v. State of MontanaDistrict Court, D. Montana · 1964

3Cited by37 opinions

  1. State v. BrodniakMontana Supreme Court · 1986
  2. Hans v. StateMontana Supreme Court · 1997
  3. Smith v. MahoneyCourt of Appeals for the Ninth Circuit · 2010
  4. State v. HuttingerMontana Supreme Court · 1979
  5. State v. WeaverMontana Supreme Court · 1996

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