State v. Nauman
Annotate this CasePursuant to a plea agreement, Defendant pled guilty to failure to register as a sexual or violent offender. The district court sentenced Defendant to Montana State Prison, not to the Department of Corrections as agreed - for three years, all suspended, and imposed eight probation conditions. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) the district court erred by rejecting the plea agreement without allowing Defendant the opportunity to withdraw his guilty plea; (2) the district did not err by imposing seven of the conditions on Defendant’s sentence; and (3) Defendant failed to preserve his argument that the use of the term “pornography” rendered the remaining condition unconstitutionally vague.
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