People v. Montaine

Opinion by

Judge RULAND.

Defendant, James E. Montaine, appeals from the trial court order denying his motions for post-conviction relief pursuant to Crim. P. 85(a) and Crim. P. 85(c). We affirm.

Pursuant to a plea agreement, defendant pled no contest to two counts of second degree sexual assault in 1994. In exchange for his pleas, the prosecution agreed to dismiss the remaining charges against defendant. There were no sentencing concessions.

Shortly thereafter, defendant was sentenced to 15 years probation. However, in 1996, defendant violated the terms of his probation. As a result, defendant's…