State v. Manywhitehorses, 358 Mont. 46

Manywhitehorses was arrested for DUI after a stop-sign incident on July 21, 2008, which triggered a Youth in Need of Care action for her children C.M. and J.M.
C.M. and J.M. were adjudicated youths in need of care on August 14, 2008; Manywhitehorses was ordered to inform DPHHS of J.M.’s location.
J.M.’s whereabouts were initially misstated as with Barrientos, then determined to be in the impounded car after the DUI arrest.
Police later found J.M.’s decomposed body in the trunk of Manywhitehorses’s car; she admitted delaying ambulance and concealing the body once discovered.
On June 12, 2009, Manywhitehorses pled guilty to negligent homicide and tampering with physical evidence under a plea agreement that dismissed the deliberate homicide charge and included a recommended sentence for tampering; the court later sentenced to concurrent terms of 40 years (negligent homicide) and 15 years (tampering).
On August 12, 2009, sentencing included evidence and testimony about J.M.’s treatment and the cause of death; the court rejected the high-end negligent homicide recommendation under the plea and imposed concurrent, lesser terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the prosecutor’s sentencing conduct breached the plea agreement.	Manywhitehorses argues the State introduced evidence pointing to deliberate homicide and attacked the basis of the negligent homicide plea.	The State contends it did not breach the agreement; it could consider relevant evidence and argue within statutory limits.	No breach; sentencing evidence relevant to defendant’s history and the incidents may be considered.

Hill v. State, 350 Mont. 296 (2009 MT 134) (plea evidence may be used if relevant to the charges and history)
State v. Rardon, 314 Mont. 321 (2002 MT 345) (breach of plea agreement reviewed de novo)
State v. Shepard, 225 P.3d 1217 (2010 MT 20) (contract breach reviewed de novo)