State v. Persak

Defendant James Persak appeals from an order of the First Judicial District Court of the State of Montana, denying his motion to withdraw his guilty plea and refusing to dismiss the charges against him. We affirm the District Court.

There is one issue on appeal. Did the District Court abuse its discretion when it denied defendant’s motion to withdraw his plea and ordered that defendant be resentenced by a different judge after the State breached a plea agreement?

Defendant was charged by information on August 31, 1990, with three counts of felony sexual assault. On April 18, 1991, defendant was…