State v. A. Shull, 2016 MT 264N

In 2013 Shull was charged with multiple counts of burglary and theft in Flathead County.
Shull pled not guilty and sought suppression, then accepted a global plea offer after reviewing it over a weekend.
Plea: two burglary counts and one felony theft count, with dismissal of remaining charges and a 12-year DOC sentence with seven years suspended.
Plea agreement required acknowledgment and waiver of rights; District Court accepted the plea on November 20, 2013.
Three days later, November 25, 2013, the State filed a new burglary charge against Shull; he pled not guilty to that charge.
In January 2014 Shull, with new counsel, moved to withdraw his guilty pleas, arguing involuntariness and coercion by the State’s pursuit of harsher punishment for exercising rights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the guilty pleas could be withdrawn for good cause	Shull argues lack of voluntary, knowing, and intelligent consent due to coercion.	Shull contends plea was involuntary and the plea terms permitted withdrawal upon such showing.	No good cause shown; plea valid and binding.
Whether the plea could be negated by committing a new offense	The new offense provision could be used to negate the plea.	New offense clause permits negation of the agreement.	Provision cannot be construed to incentivize additional offenses; not a basis to withdraw.
Whether there was improper advice concerning lesser included offenses	Shull claimed improper advice about lesser included offenses at guilty plea.	No preserved error on this issue for review.	Issue deemed waived or not properly preserved; declined consideration.
Whether sentencing lacked required psychological evaluation under the plea	Shull was entitled to a pre-sentencing psychological evaluation.	Evaluation opportunity existed but was not utilized by Shull.	Not reviewed; district court did not err in handling the issue.

State v. Burns, 365 Mont. 27 (Mont. 2012) (plea must be voluntary, knowing, and intelligent)
State v. Brinson, 210 P.3d 164 (Mont. 2009) (involuntary plea requires improper threats or promises)
State v. Knowles, 357 Mont. 272 (Mont. 2010) (pretrial plea negotiations allowed; not punishment for exercising rights)