State v. McDowell
2011 MT 75
Mont.2011Background
- McDowell broke into ex-girlfriend Peters's house with a gun, fired, and was arrested.
- Charges later narrowed from attempted deliberate homicide and aggravated burglary to assault with a weapon and burglary under a plea agreement.
- Plea agreement provided that the State would recommend specific sentences, including 30 years total with 20 suspended.
- PSI recommended 20 years with 5 suspended for burglary and 20 years with 5 suspended for assault, to be served consecutively.
- Peters testified at sentencing about harm to her and her son; Vanderhoef testified about the PSI and an additional $5,000 fine; McDowell presented character witnesses.
- District Court imposed 20-year sentences (20/10 suspended for burglary; 20/5 suspended for assault), $5,000 fine, and conditions from the PSI; McDowell challenged the plea terms on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prosecutor breached the plea agreement. | McDowell argues the prosecutor undercut the agreement at sentencing. | State contends no breach; testimony and evidence were within proper sentencing considerations. | No breach; the plea was fulfilled and sentencing did not undermine the agreement. |
| Whether McDowell was entitled to credit for time served. | McDowell contends time served should reduce his ultimate sentence. | State contends credits were properly determined. | Error to not credit time served; case remanded for proper calculation. |
Key Cases Cited
- State v. Rardon (Rardon I), 986 P.2d 424 (1999 MT 220) (plea promises must be fulfilled; safeguards for defendant)
- State v. Rardon (Rardon II), 61 P.3d 132 (2002 MT 345) (prosecutor's conduct may undercut a plea depending on circumstances)
- State v. Rardon (Rardon III), 115 P.3d 182 (2005 MT 129) (under certain elicitation of testimony, plea can be preserved)
- State v. Manywhitehorses, 243 P.3d 412 (2010 MT 225) (applies contract-law standards to plea agreements)
- State v. Bullplume, 251 P.3d 114 (2011 MT 40) (legal standard for reviewing plea-bargain breaches)
- State v. LaMere, 900 P.2d 926 (1995 MT) (presence or absence of PSI testimony can affect sentencing)
- State v. Allen, 645 P.2d 380 (1981 MT) (contractual basis for plea and expectations)