State v. Newbary
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The Supreme Court affirmed the order of the district court denying Defendant's motion to withdraw his guilty plea, holding that, despite the Montana Legislature's later repeal of the Boot Camp Incarceration Program, Defendant's plea was voluntary at the time of sentencing.
Defendant pleaded guilty to aggravated assault and sexual intercourse without consent. In exchange for Defendant's plea, the State agreed to recommend placement in the boot camp program. The court sentenced Defendant to a term of imprisonment and recommended that Defendant be placed in the boot camp program upon completion of the first four years of his sentence. The Legislature later repealed the statutes authorizing the boot camp program. Defendant filed a motion to withdraw guilty plea based on the repeal of the boot camp program. The district court denied the motion. The Supreme Court affirmed, holding (1) the Legislature's repeal of the boot camp program did not retroactively render Defendant's plea involuntary or constitute good cause for withdrawal; (2) Defendant's plea was voluntary, and the State fulfilled its obligations under the plea agreement despite the Legislature's repeal of the boot camp program; and (3) the repeal of the boot camp program did not constitute an ex post facto law.
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