concurs.
¶16 I join this Opinion with two caveats. First, I concur in the analysis in ¶ 14 only because this case involves the statutory remedy of post-conviction relief. Second, while I joined the Court’s decision in Peña v. State, 2004 MT 293, 323 Mont. 347, 100 P.3d 154, I have since reconsidered my position and now conclude that Justice Leaphart’s concurring and dissenting opinion in that case is correct.
¶17 With those caveats, I concur.