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Tuesday, October 07, 2008

Santobello error at revocation hearing

DA 07-0744
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 331
STATE OF MONTANA,
Did the Hill County District Court err in denying Jones’s motion to withdraw his admissions to the revocation petition?
Jones believed that “the State”—whether it was operating in Hill or Silver Bow County—would be bound by the plea agreement and judgment in Silver Bow County. Because this promise was unenforceable, and later on turned out to be unfulfilled, Jones’s admissions to the Hill County revocation petition were involuntary.

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