State v. Miller

The defendant Edward F. Miller appeals the order of the Montana Thirteenth Judicial District Court denying his motion to withdraw his plea of guilty. The issue raised on appeal is whether such denial constitutes an abuse of discretion by the District Court. We affirm.

Miller was charged with one count of assault and two counts of sexual assault, all felonies. He appeared before the District Court on April 23, 1990 and moved to withdraw his earlier plea of not guilty and replace it with a guilty plea. The record indicates that Miller and the State had entered a plea bargain agreement whereby in…