State v. Andrews

¶17 I dissent. Section 46-16-105(2), MCA, provides that a court may, for good cause shown, permit the plea of guilty to be withdrawn. An involuntary plea can constitute “good cause” to withdraw the plea. State v. Wise, 2009 MT 32, ¶ 9, 349 Mont. 187, 203 P.3d 741 (citing State v. Lone Elk, 2005 MT 56, ¶¶ 17-19, 326 Mont. 214, 108 P.3d 500, overruled on other grounds, State v. Brinson, 2009 MT 200, 351 Mont. 136, 210 P.3d 164). However, “good cause” can be found in reasons other than involuntariness. Id.; State v. Jones, 2008 MT 331, ¶ 11, 346 Mont. 173, 177, 194 P.3d 86, 89; State v. Warclub,…