State v. Rahn

¶1 The Thirteenth Judicial District Court, Yellowstone County, entered judgment against Dustin Dumont Rahn after he pled guilty, pursuant to a plea agreement, to sexual intercourse without consent and tampering with witnesses or informants. Rahn appeals. We reverse and remand.

¶2 The dispositive issue is whether the District Court abused its discretion in ruling the State of Montana did not breach the plea agreement.

BACKGROUND

¶3 In February of 2004, the State charged Rahn with sexual intercourse without consent and felony intimidation. Several months later, Rahn and the State agreed that he…