State v. Spreadbury
2011 MT 176
Mont.2011Background
- Spreadbury pled no contest to felony intimidation in Ravalli County District Court.
- Prosecution alleged on November 4, 2009 he threatened a library employee and blocked her path.
- Spreadbury moved to dismiss for lack of probable cause; district court denied.
- Before plea, court explained the only issue was voluntary change of plea; Spreadbury agreed to proceed without reservation.
- Court imposed a one-year deferred sentence; Spreadbury appealed, arguing issues were not properly reserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver occurred upon no contest plea | Spreadbury contends probable-cause issue is jurisdictional and reviewable anytime. | Spreadbury argues the no contest plea did not waive pre-plea challenges. | Waived by plea without reservation; not reviewable on appeal. |
Key Cases Cited
- United States v. Cotton, 535 U.S. 625 (2002) (jurisdiction and charging defects not affecting subject-matter jurisdiction)
- State v. Davis, 210 Mont. 28 (1984) (probable cause as jurisdictional threshold, later limited in Cotton)
- State v. Thompson, 243 Mont. 28 (1990) (dicta on probable cause; not controlling after Cotton)
- United States v. Castillo, 496 F.3d 947 (9th Cir. 2007) (plea waiver governs review of pretrial determinations)
- State v. Pavey, 2010 MT 104 (Mont. 2010) (right to appeal pretrial rulings waived absent reservation)