State v. Rosales

¶1 In light of this Court’s decision in State v. Guillaume, 1999 MT 29, 293 Mont. 224, 975 P.2d 312, Cory Rosales moved the First Judicial District Court, Lewis and Clark County, to amend his sentence for the conviction of felony assault and the use of a weapon pursuant to § 46-18-221, MCA. The District Court dismissed his motion due to the running of the five-year statute of limitations for postconviction relief. Rosales appeals. We affirm the District Court.

¶2 On appeal, Rosales asks us to reconsider two procedural bars effective in a case similar to his, State v. Nichols, 1999 MT 212, 295…