Montano v. StateAnnotate this Case
The Supreme Court affirmed Defendant's sentence for two counts of second-degree murder and two counts of mutilation of dead human bodies, holding that the State did not breach the plea agreement when it recommended the agreed-upon sentence but made negative comments about Defendant's conduct.
Defendant pleaded no contest to the crimes for which he was convicted as part of a plea agreement. The district court accepted the pleas but rejected the agreement's joint sentencing recommendation. On appeal, Defendant argued that the State violated the plea agreement by commenting on the evidence. The Supreme Court disagreed, holding that the State did not breach its plea agreement with Defendant by commenting on the evidence.