State of Montana v. Joshua J. Twichel

Summary

The Montana Supreme Court reviewed the denial of Joshua J. Twichel’s motion to withdraw his guilty plea to partner or family member assault. The court held that the district court correctly applied the law and affirmed, concluding that substantial evidence supported its findings and that the alleged failure to advise Twichel of collateral consequences did not warrant withdrawal of the plea.

Holdings

1. The denial of a motion to withdraw a guilty plea on the ground that the plea was involuntary presents mixed questions of law and fact reviewed de novo, while factual findings relied upon by the court are reviewed for clear error.
2. The denial of Twichel's motion to withdraw his guilty plea was affirmed because substantial evidence supported the District Court's factual findings and the District Court correctly applied the law.

Questions Presented

1. Whether the city court's failure to advise Twichel of alleged collateral and other consequences rendered his guilty plea involuntary and required withdrawal of the plea.
2. What standard of review applies to the denial of a motion to withdraw a guilty plea on involuntariness grounds.

Disposition

affirmed