State v. Valdez-Mendoza

¶1 Hector Valdez-Mendoza appeals from an order of the District Court, Fourteenth Judicial District, Musselshell County, denying his motion to withdraw his guilty plea. We reverse.

ISSUE

¶2 The only issue is whether the District Court erred when it denied Valdez-Mendoza’s motion to withdraw his guilty plea.

BACKGROUND

¶3 On March 26,2009, Valdez-Mendoza was charged with one count of sexual intercourse without consent, § 45-5-503, MCA, and one count of unlawful transactions with children, § 45-5-623, MCA. On, April 9, 2009, Attorney Kris Copenhaver replaced Valdez-Mendoza’s original counsel. Trial…