State v. J. Stone
2017 MT 189
| Mont. | 2017Background
- In 2013 Stone was charged with aggravated assault and partner-or-family-member assault (PFMA); he pleaded guilty in September 2013 to felony PFMA after admitting two prior PFMA convictions and the factual basis for the offense.
- Before sentencing the parties discovered Stone did not, in fact, have two prior PFMA convictions; the State moved to vacate the guilty plea based on mutual mistake.
- The District Court vacated Stone’s PFMA plea and allowed the State to amend the Information; Stone was later charged with aggravated assault and tampering.
- In June 2015 Stone pled guilty to aggravated assault (waiving appeal of prior adverse rulings); he later sought to withdraw that plea claiming ineffective assistance, which the court denied.
- Stone appealed, arguing (1) the court erred by vacating his original guilty plea to PFMA and (2) his prosecution for aggravated assault subjected him to double jeopardy. The Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District Court erred in vacating Stone’s PFMA guilty plea | State: vacatur appropriate due to mutual mistake about prior convictions | Stone: State’s unilateral mistake cannot void a valid guilty plea | Held: Stone waived challenge by later plea; the vacatur was proper and appeal of that vacatur was waived by his subsequent plea agreement |
| Whether prosecuting Stone for aggravated assault after vacatur violated double jeopardy | State: jeopardy never attached because no judgment/sentence was entered on the original plea | Stone: jeopardy attached when the court accepted his guilty plea | Held: Jeopardy did not attach because Montana law requires a judgment or sentence to make a guilty plea a conviction; prosecution for aggravated assault did not violate double jeopardy |
Key Cases Cited
- Kercheval v. United States, 274 U.S. 220 (U.S. 1927) (discusses use of prior guilty plea as evidence equivalent to a conviction when relied upon in later prosecution)
- Brown v. Ohio, 432 U.S. 161 (U.S. 1977) (double jeopardy protects finality and freedom from multiple prosecutions or multiple punishments)
- State v. Cech, 338 Mont. 330, 167 P.3d 389 (Mont. 2007) (guilty plea does not waive double jeopardy claims on appeal; sets out factors for when jeopardy attaches)
- State v. Cline, 371 Mont. 18, 305 P.3d 55 (Mont. 2013) (applies three-part test for when jeopardy has attached and bars subsequent prosecution)