The District Court erred in denying Deserly’s motion to withdraw his guilty plea.

2008 MT 242
STATE OF MONTANA,v.
CHARLES V. DESERLY,
1. Did the District Court err in denying Deserly’s motion to withdraw his guilty plea?
2. Was the factual basis for Deserly’s guilty plea sufficient?
3. Did Deserly receive ineffective assistance of counsel because his lawyer advised him to enter into a plea bargain that contemplated an illegal sentence?
Because we reverse the District Court’s judgment under Issue 1, we do not address Issues 2 or 3.
Deserly was induced to enter into the plea agreement by a misrepresentation—albeit, one which was unintentional. We conclude, therefore, that Deserly’s guilty plea was not voluntary. Involuntariness constitutes good cause for withdrawal of a plea under § 46-16-105(2), MCA. Lone Elk, ¶ 19. Accordingly, Deserly is entitled to withdraw his guilty plea.
The District Court erred in denying Deserly’s motion to withdraw his guilty plea. We reverse the District Court’s judgment and remand this matter to the court with instructions to grant Deserly’s motion.
Reversed and remanded for further proceedings consistent with this Opinion.