State v. Warner, 354 P.3d 620

Warner, a registered sex offender, was charged with felony failure to notify change of residence after police alleged he moved without updating his registry.
Warner signed a nonbinding plea agreement under § 46-12-211(1)(c), pleading nolo contendere; the State agreed to recommend a 3-year DOC commitment, dismiss other charges, and not seek PFO designation. The agreement included a clause making the deal contingent on Warner not being arrested for additional crimes prior to sentencing.
The District Court personally canvassed Warner, who acknowledged the plea was voluntary, understood the nonbinding nature of recommendations, and knew the court could impose up to five years.
Before sentencing Warner was arrested and charged with new offenses. The State invoked the contingency clause, withdrew its 3-year recommendation, and instead recommended a 5-year MSP sentence and refiled prior charges.
Warner moved to withdraw his plea; the District Court denied the motion, concluding the defendant’s breach excused the State’s reciprocal obligation but did not permit plea withdrawal. Warner was sentenced to five years and appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Warner could withdraw his nolo plea after he breached the plea agreement and the State withdrew its recommendation	State: defendant’s arrest relieved State of obligation; withdrawal of recommendation does not entitle Warner to withdraw plea	Warner: State’s withdrawal eliminated the bargain; without a contract he should be allowed to withdraw plea (rescission)	Court held Warner’s plea was voluntary and his breach excused the State; withdrawal not warranted — no good cause shown
Proper remedies for breach of a plea agreement when the defendant breaches	State: relief from obligation; court may fashion remedy but need not vacate plea	Warner: rescission or specific performance only; rescission should allow withdrawal	Court applied Munoz framework but distinguished Munoz (State breach). Defendant’s breach releases State without automatic right to withdraw plea

State v. Munoz, 305 Mont. 139, 23 P.3d 922 (Mont. 2001) (explains defendant’s remedies for prosecutor breach—specific performance or rescission and defendant choice of remedy subject to miscarriage-of-justice exception)
Santobello v. New York, 404 U.S. 257 (U.S. 1971) (plea bargains require enforcement or remedy when breached)
State v. Bowley, 282 Mont. 298, 938 P.2d 592 (Mont. 1997) (plea induced by unfulfilled bargain may be involuntary)
State v. Muhammad, 328 Mont. 397, 121 P.3d 521 (Mont. 2005) (standards for reviewing voluntariness of pleas and adequacy of canvass)
Brady v. United States, 397 U.S. 742 (U.S. 1970) (plea valid only if knowing and voluntary)
State v. Warclub, 327 Mont. 352, 114 P.3d 254 (Mont. 2005) (plea voluntariness is mixed question reviewed de novo)