State v. Bilbeisi

Summary

The Montana Supreme Court affirmed the denial of Jason Brandon Bilbeisi's motion to withdraw his guilty plea to one count of sexual intercourse without consent. The court held that the motion was barred by Montana's one-year statutory limitation because Bilbeisi did not claim innocence or demonstrate a fundamental miscarriage of justice, and alternatively found no good cause for withdrawal. The memorandum decision was designated noncitable under the Montana Supreme Court's Internal Operating Rules.

Holdings

1. A motion to withdraw a guilty plea filed more than one year after the judgment became final is barred by § 46-16-105(2), MCA, unless the defendant claims innocence supported by evidence of a fundamental miscarriage of justice.
2. Bilbeisi failed to establish good cause for withdrawal of his guilty plea.

Questions Presented

1. Whether Bilbeisi's motion to withdraw his guilty plea was barred by the one-year limitation in § 46-16-105(2), MCA.
2. Whether Bilbeisi established good cause or a fundamental miscarriage of justice sufficient to permit withdrawal of the guilty plea.
3. Whether the district court properly determined that Bilbeisi's plea was voluntary and that he had not shown grounds for withdrawal.

Disposition

affirmed