Legal Opinion

State v. Munoz

Montana Supreme Court

Decided May 15, 2001No. 00-612PublishedCited by 30 opinions

1Opinion of the CourtJustice Nelson

¶1 The Defendant, Daniel Munoz (Munoz), appeals an order denying his motion to withdraw a guilty plea entered by the Second Judicial District Court, Silver Bow County, on June 16, 2000. The State concedes that it breached the plea agreement, and therefore a reversal and remand is proper. At issue is whether the District Court or Munoz possesses the legal right to choose from available remedies where the State breaches a plea agreement.

¶2 We reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Following his arrest in 1999, Munoz entered a pretrial agreement with the…

2Cases cited29 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Ralph Henry Cooper v. United StatesCourt of Appeals for the Fourth Circuit · 1979
  3. Anthony Correale v. United StatesCourt of Appeals for the First Circuit · 1973
  4. United States v. Angela Nolan-CooperCourt of Appeals for the Third Circuit · 1998
  5. United States v. Barney Canada, A/K/A Byron Levon CanadaCourt of Appeals for the First Circuit · 1992

24 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. State v. RardonMontana Supreme Court · 2002
  2. State v. StephensonMontana Supreme Court · 2008
  3. State v. HillMontana Supreme Court · 2009
  4. State v. DingleSupreme Court of South Carolina · 2008
  5. State v. RahnMontana Supreme Court · 2008

25 more not listed; retrieve them via the Exa API.

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