Archive | (1)(b) plea agreement

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State v. Langley

State v. Langley, 2016 MT 67 (March 22, 2016) (Baker, J.) (5-0, rev’d)

Issue: Whether the district court erred in denying Langley’s motion to withdraw his no contest plea.

Short Answer: Yes.

Reversed and remanded

Facts: In February 2014 the state charged Langley with one count of arson, a felony. Langley entered a plea agreement with the state under which he agreed to plead nolo contendre and the state agreed to recommend that sentencing be deferred for six years. The agreement further provided that Langley would be allowed to withdraw his plea if the state failed to perform its obligations under the plea agreement.

At the sentencing hearing, the court indicated it was not inclined to impose a deferred sentence.…

State v. Nauman

State v. Nauman, 2014 MT 248 (Sept. 16, 2014) (5-0) Wheat, J.

Issue: (1) Whether the district court erred by departing from the plea agreement without giving Nauman the opportunity to withdraw his guilty plea; (2) whether the district court erred by imposing particular conditions on Nauman’s sentence; and (3) whether the term “pornography” in condition 31 of Nauman’s sentence is unconstitutionally vague.

Short Answer: (1) Yes; (2) no; and (3) the Court declines to address this issue as it was not raised before the district court.

Reversed in part & affirmed in part

State v. Zunick

State v. Zunick, 2014 MT 239 (Sept. 9, 2014) (4-1) Cotter, J., for the majority; McGrath, C.J., dissenting

Issue: Whether the district court erred when it did not provide Zunick the opportunity to withdraw his guilty plea at sentencing pursuant to § 46-12-211(4), MCA, and subsequently denying Zunick’s motion to withdraw his guilty plea.

Short Answer: Yes.

Reversed & remanded for resentencing