State v. Sanders

¶1 The Twelfth Judicial District Court, Chouteau County, denied Defendant Harold James Sanders’ motion to withdraw his plea of guilty to the offense of threatening a public servant. The District Court subsequently sentenced Sanders to five years in prison, instead of imposing a three-year suspended sentence as recommended in the plea agreement. Sanders appeals. We reverse and remand for further proceedings consistent with this opinion.

¶2 The issue on appeal is whether the District Court abused its discretion by refusing to allow Sanders to withdraw his guilty plea.

FACTUAL AND PROCEDURAL…