State v. G. Hansen, 2017 MT 280

Gary Hansen was originally charged with four counts of felony incest (sexual abuse of his 8‑year‑old granddaughter) and one misdemeanor obstructing a peace officer; felony incest carried a mandatory 100‑year sentence with no parole for 25 years.
Hansen entered a plea agreement to an amended charge of sexual assault (§ 45‑5‑502(3), victim under 16, offender ≥3 years older) by pleading no contest; the State agreed to dismiss remaining counts and recommended 50 years with 25 suspended; Hansen could recommend any sentence.
At the change‑of‑plea hearing the court advised Hansen it was not bound by plea recommendations and accepted his knowing and voluntary no contest plea after advising of maximum exposure (life or 100 years).
At sentencing the court imposed 60 years with no time suspended (exceeding the State’s recommendation); Hansen appealed, challenging the validity of the no contest plea and raising ineffective assistance for negotiating an illegal plea.
Montana law (§ 46‑12‑204(4), MCA) expressly bars courts from accepting nolo contendere pleas in cases involving a "sexual offense," and sexual assault under § 45‑5‑502(3) is defined a sexual offense; the court concluded the plea violated this statutory prohibition.
The Supreme Court held the plea agreement invalid, vacated the sentence, and remanded for further proceedings allowing Hansen to enter a legal plea, negotiate a new agreement, or proceed to trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court erred by accepting a no contest plea to sexual assault and imposing sentence based on it	State acknowledged the court erred in accepting the no contest plea but urged affirmance because Hansen failed to preserve the issue at sentencing	Hansen argued the plea was invalid under statutory ban on nolo contendere pleas in sexual‑offense cases; alternatively, requested Lenihan review or ineffective assistance finding	The plea violated statute; the plea agreement is void, the sentence is vacated, and the matter is remanded for lawful proceedings

State v. Cleveland, 377 Mont. 97 (2014) (a plea agreement provision that violates statute can be void and unenforceable)
Hardin v. State, 334 Mont. 204 (2006) (challenge to acceptance of nolo plea in sexual‑offense case characterized as illegal sentence; failure to raise on direct appeal procedurally barred)
State v. Ring, 374 Mont. 109 (2014) (de novo review of statutory authority to impose sentence)
State v. Ruiz, 327 Mont. 109 (2005) (a sentence not based on statutory authority is illegal)
State v. Lenihan, 184 Mont. 338 (1979) (Lenihan exception allows appellate review of unpreserved illegal sentences)