State v. Burns
2012 MT 97
| Mont. | 2012Background
- Burns was found incapacitated behind the wheel with BAC 0.23 and charged with felony DUI while on parole for a prior sexual-conviction offense.
- State sought designation of Burns as a persistent felony offender; the parties entered a non-binding plea agreement on March 22, 2010
- Plea terms: State would recommend 15 years imprisonments with five suspended; fine not addressed in the agreement; Burns acknowledged no promises beyond those in the agreement
- A PSI adopted the plea terms, including a $5,000 fine, which Burns did not object to
- At sentencing in June 2010, the court adopted the State’s recommendation and imposed the 15-year sentence with five suspended and a $5,000 fine; Burns did not object
- Burns’s persistent felony offender designation was affirmed on appeal in July 2011; Burns did not appeal the $5,000 fine
- Burns moved to withdraw his guilty plea four months after the appellate ruling, arguing the fine violated the plea agreement; the district court denied the motion
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Burns can withdraw plea for good cause related to the fine | Burns argues the $5,000 fine violated the plea | State contends the plea was silent on fines and the court could impose the fine | Waived; court did not address theFine issue on appeal; affirmed denial on voluntariness grounds |
| Was Burns's guilty plea voluntary | Burns contends the plea was involuntary due to the fine | State maintains the record shows no involuntariness; Burns remained silent | Plea was voluntary; no objective evidence of involuntariness |
| Did Burns waive the right to challenge the fine by not appealing it earlier | Burns could challenge the fine via withdrawal of plea within one year regardless of appeal | State argues Burns waived this issue by failing to raise it on direct appeal | Yes; Burns waived the issue by not raising it on direct appeal |
Key Cases Cited
- State v. LeMay, 2011 MT 323 (MT) (denial of withdrawal of guilty plea reviewed for correctness)
- State v. Munoz, 2001 MT 85 (MT) (good cause where State’s sentence violates plea terms)
- State v. Brinson, 2009 MT 200 (MT) (involuntariness of plea; factors for voluntariness)
- State v. Humphrey, 2008 MT 328 (MT) (voluntariness assessment of guilty pleas; objective evidence emphasized)
- State v. Bomar, 2008 MT 91 (MT) (waiver and appeal rights; acquiescence affects review)