State v. Rave

Summary

The Supreme Court of Montana held that Chad Alan Rave's guilty plea was not knowing, intelligent, and voluntary because the plea agreement incorrectly characterized the lesser included offense and failed to accurately state its potential penalties. The court reversed the denial of Rave's motion to withdraw his guilty plea and remanded for further proceedings.

Holdings

1. The District Court erred in denying Rave's motion to withdraw his guilty plea because misinformation in the plea agreement, compounded by the court's incomplete advisement concerning the misdemeanor lesser included offense and its penalty, created genuine doubt that the plea was knowing, intelligent, and voluntary.

Questions Presented

1. Whether the District Court erred in denying Rave's presentence motion to withdraw his guilty plea when the plea agreement misstated the nature and penalty of the lesser included offense and the court did not fully advise him of that alternative.

Disposition

reversed_and_remanded