State v. Locke

¶25 I respectfully dissent from the Court’s decision.

¶26 Section 46-12-212(2), MCA, sets out the requirements for the Court’s acceptance of an Alford plea. This statute provides:

A defendant who is unwilling to admit to any element of the offense that would provide a factual basis for a plea of guilty may, with the consent of the court, enter a plea of guilty or may, with the consent of the court and the prosecutor, enter a plea of nolo contendere to the offense if the defendant considers the plea to be in the defendant’s best interest and the court determines that there is a factual basis for…