State v. Shannon Bullplume

Summary

The Montana Supreme Court reversed Shannon Bullplume’s convictions for deliberate homicide and use of a dangerous weapon. The court held that the record did not establish an intentional and voluntary waiver of Bullplume’s statutory right to stand on his nolo contendere plea after the district court rejected the plea agreement. The case was remanded for further proceedings consistent with the opinion, including sentencing on the mitigated deliberate homicide charge.

Holdings

1. When a court rejects a plea agreement of the type described in Montana Code Annotated section 46-12-211(1)(a) or (b), the court must be satisfied, before accepting withdrawal of the guilty or nolo contendere plea, that the defendant understands the statutory right to stand on the plea and the possible consequences of waiving that right. Counsel's assertion of the defendant's desire to withdraw the plea, without an inquiry or written acknowledgment from the defendant, was insufficient under the circumstances.
2. The appropriate remedy was to reverse the convictions and remand for sentencing on the mitigated deliberate homicide charge, with the district court not bound by the rejected plea agreement.

Questions Presented

1. Whether the district court properly determined that Bullplume intentionally and voluntarily waived his statutory right to stand on his nolo contendere plea to mitigated deliberate homicide after the court rejected the plea agreement.
2. Whether Bullplume's due process rights were violated when the district court permitted the State to amend the charge to deliberate homicide after trial had commenced.
3. Whether Bullplume was properly arraigned on the weapon-enhancement charge.

Disposition

reversed_and_remanded