Archive | Plea agreement (breach)

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State v. Warner

State v. Warner, 2015 MT 230 (Aug. 11, 2015) (McKinnon, J.) (5-0, aff’d)

Issue: Whether the district court should have granted Warner’s motion to withdraw his nolo contendere plea, having allowed the state to deviate from its sentencing recommendation after Warner breached the plea agreement by being arrested for a subsequent offense.

Short Answer: No.

Affirmed

Facts: After being warned to update his address in the sex offender registry, and failing to do so for nine days, Warner was arrested and charged for failure to give notice of a change of home residence as a registered sex offender, a felony.

Warner signed a written plea agreement stating that the parties would make sentencing recommendations but that they would not bind the court.…