State v. Petersen
247 P.3d 731
Mont.2011Background
- Petersen admitted to deliberate homicide under a plea agreement for a 100-year MSP sentence with no suspension.
- The District Court accepted the plea but added a 10-year weapon enhancement consecutive to the 100 years.
- The State did not charge a weapon enhancement in the Information.
- On remand the District Court struck the 10-year enhancement and denied withdrawal of the plea.
- Petersen appeals the amended judgment and district court’s authority to replace the original sentence.
- The Montana Supreme Court vacates the amended judgment and remands to strike the enhancement from the original judgment while affirming denial of the plea withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court err by amending its judgment and denying withdrawal of the plea? | Petersen argues lack of jurisdiction to modify the sentence and to withdraw the plea. | Petersen contends the enhancement was unlawful and justified withdrawal of the plea. | Yes; court lacked authority to add enhancement and should review illegal sentence on appeal. |
Key Cases Cited
- State v. Heafner, 356 Mont. 128, 231 P.3d 1087 (2010 MT 87) (remedial approach for partially illegal sentences; remand to strike illegal provisions)
- Gilbert v. State, 312 Mont. 189, 59 P.3d 24 (2002 MT 258) (jurisdiction to modify sentences absent statutory authority)
- State v. Bullplume, 350 Mont. 350, 208 P.3d 378 (2009 MT 145) (plea-rejection remedy under § 46-12-211(4))
- State v. Shepard, 355 Mont. 114, 225 P.3d 1217 (2010 MT 20) (standards for reviewing statutes interpretation on appeal)