State v. McDowell

¶1 Shawn McDowell pleaded no contest in the District Court of the First Judicial District, Broadwater County, to assault with a weapon and burglary. He appeals his sentences. We affirm in part, reverse in part and remand to the District Court.

ISSUES

¶2 McDowell raises two issues on appeal:

1. Whether the prosecutor breached the plea agreement.

2. Whether the District Court erred by not crediting McDowell for time served.

BACKGROUND

¶3 On October 15, 2008, McDowell broke into the house of Amy Peters, his ex-girlfriend. He brought a gun and fired it while on the premises. Peters managed to flee…