State v. ZunickAnnotate this Case
Pursuant to a plea agreement, Defendant pleaded guilty to felony criminal endangerment and misdemeanor aggravated driving under the influence. At a sentencing hearing, the State, as agreed, recommended a six-year commitment to the Department of Corrections, with three years suspended. The district court declining to adopt the sentence recommendation and sentenced Defendant to ten years suspended. Defendant subsequently moved to withdraw his guilty plea, alleging that the district court failed to comply with Mont. Code Ann. 46-12-211(4) because the court had not informed him that it was rejecting the agreement and had not offered him the opportunity to withdraw his guilty plea. The district court denied Defendant’s motion. The Supreme Court vacated Defendant’s sentence and reversed and remanded for another sentencing hearing, holding that the district court failed to comply with section 46-12-211(4) when it departed from the plea agreement without providing Defendant with the full advisory required by the statute.