Summary
The Supreme Court of Montana affirmed the denial of Car-Los A-Lail Muhammad’s motion to withdraw his guilty plea to sexual intercourse without consent. The court held that the plea was voluntary because Muhammad acknowledged the plea’s voluntariness, understood the charge, waived an age-related defense, received the benefit of his plea agreement, and had not shown good cause for withdrawal.
Holdings
- The guilty plea was voluntary because Muhammad repeatedly affirmed under oath that he was not threatened or promised anything outside the written plea agreement, understood the proceedings, was satisfied with counsel, and was knowingly choosing to plead guilty.
- The plea colloquy adequately established the elements of the offense and the factual basis for the guilty plea; a colloquy need not extract an admission to every element of the crime.
Questions Presented
- Whether the District Court erred in denying Muhammad's motion to withdraw his guilty plea on the ground that the plea was involuntary.
- Whether the plea colloquy established an adequate factual basis and Muhammad's understanding and waiver of the available defense concerning the victim's age.
Disposition
affirmed
Cases Cited (9)
- State v. Warclub, 2005 MT 149, 327 Mont. 352, 114 P.3d 254(followed)
- State v. Lone Elk, 2005 MT 56, 326 Mont. 214, 108 P.3d 500(followed)
- State v. Ereth, 1998 MT 197, 290 Mont. 294, 964 P.2d 26(followed)
- Brady v. United States, 397 U.S. 742, 755, 90 S. Ct. 1463, 25 L. Ed. 2d 747 (1970)(followed)
- Shelton v. United States, 246 F.2d 571, 572 n. 2 (5th Cir. 1957), rev'd on other grounds, 356 U.S. 26, 78 S. Ct. 563, 2 L. Ed. 2d 579 (1958)(followed)
- State v. Schaff, 1998 MT 104, 288 Mont. 421, 958 P.2d 682(followed)
- State v. Lance, 201 Mont. 30, 651 P.2d 1003 (1982)(distinguished)
- State v. Huttinger, 182 Mont. 50, 595 P.2d 363 (1979)(distinguished)
- State v. Muhammad, 2002 MT 47, 309 Mont. 1, 43 P.3d 318(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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