No. 00-844
STATE OF MONTANA
2002 MT14
STATE OF MONTANA,v
JAMES AFTERBUFFALO.
The issue on appeal is whether the District Court abused its discretion in denying
Afterbuffalo's motion to withdraw his guilty plea.
We conclude, therefore, that the District Court's additional requirement that Afterbuffalo be placed in either a prerelease or intensive supervision program was outside the scope of the plea agreement and constitutes a rejection by the court of the agreement. As a result, we further conclude that, pursuant to § 46-12-211(4), MCA, the District Court was required to allow Afterbuffalo to withdraw his guilty plea.
We hold that the District Court abused its discretion in denying Afterbuffalo's motion to withdraw his guilty plea.
Reversed and remanded for further proceedings consistent with this opinion.
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