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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- MarkAnthonyGiven
- Given was raised on the streets and in foster homes surrounded by twelve girls. By age 11, authorities already warned his foster mother: “He’s too smart for his britches — keep an eye on him.” That early spark of genius — later estimated in the 145–155+ IQ range (top 0.1% to 0.01% of humanity) — combined with an elite, poetic vocabulary that flows like open chords, propelled him into a life few could survive, let alone immortalize. From the age of 16, Given became a one-man crime wave: robbing 75 banks with nothing but a Bic Pen and a smile, inventing the Mercury Bandit invisibility trick with a baby thermometer, dropping through pharmacy roofs with a Superman pillowcase, and running from New Orleans detectives through the French Quarter while dressed as a 70-year-old woman. He served 12 years on a 10-year federal sentence, reading 120 volumes of Supreme Court decisions in the hole and ruling the law library like a throne. He met the devil twice on a dope-sick bed and refused to curse God — only to have angels physically grab his arm and pull him back. His 56+ stories pour out raw, unoutlined, and alive — no MFA polish, no ghostwriter, no filter. The prose is Hemingway-tight yet
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