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[T] Peterson v. State4/6/2004
MCA. Peterson has not presented evidence of any non-record allegations that would possibly entitle him to post-conviction relief, pursuant to the requirements of § 46-21-104, MCA. He failed to provide affidavits, records, or other evidence to support his allegations. Bare allegations in a petition for post-conviction relief do not constitute evidence. Griffin v. State , 2003 MT 267, 11, 317 Mont. 457, 11, 77 P.3d 545, 11. The District Court was correct, pursuant to § 46-21-201(1)(a), MCA, to deny Peterson's petition for post-conviction relief without an evidentiary hearing.
Affirmed.
JOHN WARNER
We Concur:
KARLA M. GRAY
PATRICIA O. COTTER
W. WILLIAM LEAPHART
JIM RICE
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