Swearingen v. State

¶1 Jack Swearingen (Swearingen) appeals from the Fourth Judicial District Court's September 3, 1999 Opinion and Order denying his petition for postconviction relief. We reverse and remand for further proceedings consistent with this opinion.

Background

¶2 On December 10, 1997, Swearingen, represented by counsel, pleaded guilty under a plea agreement to two counts of sexual abuse of children, both felonies, in violation of § 45-5-625, MCA. He was sentenced May 13, 1998, to the Department of Corrections on one count and to the Montana State Prison on the other count. This latter sentence to the…