State v. Lionel Scott Ellison

Summary

The Montana Supreme Court affirmed the denial of Lionel Scott Ellison’s motion to withdraw his Alford plea to felony arson. The court held that neither defense counsel, the district court, nor the prosecutor misrepresented the possibility of a deferred sentence, and therefore Ellison failed to show good cause under Montana law for withdrawing his plea. The opinion was issued as a noncitable memorandum decision.

Holdings

1. Ellison did not demonstrate good cause under § 46-16-105(2), MCA, because neither defense counsel, the District Court, the prosecutor, nor any other relevant party misrepresented that Ellison was entitled to or guaranteed a deferred sentence.

Questions Presented

1. Whether the District Court erred by denying Ellison's motion to withdraw his Alford plea on the ground that the plea was induced by misrepresentations concerning the possibility of a deferred sentence.

Disposition

affirmed