Ostafin v. State

MARING, Justice.

[¶ 1] The State appeals from an order granting Shawn Ostafin’s motion to correct an illegal sentence on the ground that his waiver of any “good time” earned was illegal. We affirm the district court’s order that the original sentence was illegal, reverse that portion of the order allowing the withdrawal *617of the guilty plea, and remand for re-sentencing.

[¶ 2] On November 8, 1991, Shawn Ostafin entered pleas of guilty for the murders of his father, Roger Ostafin, and his step-mother, Rosemary Ostafin, both Class AA felonies. In accordance with a plea agreement, Ostafin was…