State v. Leitheiser

Summary

The Supreme Court of Montana affirmed Jerry Leitheiser's convictions for two counts of assault on a minor and the denial of his motion to withdraw his nolo contendere pleas. The court held that his pleas were voluntary under the Brady standard and that the probation officer's recommendation of sex offender treatment did not breach the plea agreement. It also held that the sentencing court could impose sex offender treatment based on the underlying facts of the offense.

Holdings

1. Leitheiser failed to show good cause to withdraw his nolo contendere pleas because the pleas were voluntary under the Brady standard; the State, defense counsel, and court advised him of the consequences, and he was informed that the court could reject the plea agreement and impose sex offender treatment.
2. The district court did not abuse its discretion by imposing sex offender treatment as a condition of Leitheiser's suspended sentence for assault on a minor.

Questions Presented

1. Whether the district court erred in denying Leitheiser's motion to withdraw his nolo contendere pleas for lack of voluntariness or good cause.
2. Whether the district court had authority to impose sex offender treatment as a condition of Leitheiser's suspended sentence for assault on a minor.

Disposition

affirmed