State v. McDowell, 2011 MT 75, 360 Mont. 83

Summary

The Supreme Court of Montana considered whether the prosecutor breached a plea agreement by presenting sentencing evidence and recommending conditions on a suspended sentence. The court held that the prosecutor did not breach the agreement, but it reversed and remanded because the district court failed to credit the defendant for time served.

Holdings

1. The prosecutor did not breach the plea agreement because the presentation of the victim's testimony, the presentence-investigation evidence, the fine recommendation, and the sentencing argument did not undermine the agreed recommendation.
2. The prosecutor did not breach the plea agreement by recommending conditions for the suspended portion of McDowell's sentence because the agreement promised only specified sentencing recommendations and did not promise that no conditions would be imposed.
3. The District Court erred by failing to credit McDowell for time he was incarcerated before sentencing, and the case must be remanded to determine the correct amount of credit.

Questions Presented

1. Whether the prosecutor breached the plea agreement by presenting testimony and argument that allegedly undermined the agreed sentencing recommendation.
2. Whether the prosecutor breached the plea agreement by recommending conditions on the suspended portion of McDowell's sentence.
3. Whether the District Court erred by failing to credit McDowell for time served.

Disposition

reversed_and_remanded