State v. WarnerAnnotate this Case
Defendant was charged with failure to give notice of change of home residence as a registered sex offender. Pursuant to a written plea agreement, Defendant pleaded nolo contendere to the charge. Thereafter, Defendant was arrested for a subsequent offense. Because Defendant breached the plea agreement by being arrested, the district court allowed the State to deviate from its sentencing recommendation. Defendant filed a motion to withdraw his plea, arguing that the plea agreement was null and void. The district court denied the motion to withdraw and sentenced Defendant to five years at Montana State Prison. The Supreme Court affirmed, holding that, where Defendant’s plea was entered voluntarily, with knowledge that the district court could impose the sentence he ultimately received, good cause to allow withdrawal of Defendant’s plea of nolo contendere was not shown.