Evert v. State

¶1 Defendant Raymond Evert appeals the District Court’s denial of his petition for postconviction relief. We affirm.

¶2 We restate the issue as follows:

¶3 Did the District Court err in dismissing Evert’s petition for postconviction relief?

BACKGROUND

¶4 On January 2, 1997, the State charged Raymond Evert with sexual intercourse without consent. The State specifically alleged that Evert was in violation of § 45-5-503(3)(a), MCA, because the alleged victim could not legally consent. The victim was fifteen and Evert’s neighbor. Evert was indigent, so an attorney was appointed to represent him.

¶5 On…