DA 07-0668
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 357
STATE OF MONTANA, v. JOSEPH SMIETANKA,
Joseph Smietanka (Smietanka) appeals from the judgment entered by the Fifth Judicial District Court, Jefferson County on his conviction and sentence for the misdemeanor offenses of assault and negligent endangerment. We reverse and remand for resentencing.
A prosecutor’s violation of a plea agreement is unacceptable, even when made inadvertently in a good faith pursuit of a just outcome. Bartosh, ¶ 19.
¶14 Here, the State concedes that the prosecutor’s recommendation of a 12-month suspended sentence on the negligent endangerment offense violated the plea agreement. We hold, therefore, that the prosecutor breached the plea agreement by recommending imposition of a sentence in excess of that which the prosecutor had agreed to recommend.
¶15 Reversed and remanded to the District Court for resentencing.
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