Fletcher v. State

FACTUAL AND PROCEDURAL BACKGROUND

¶1 Cody Fletcher (Fletcher) pled guilty to sexual assault and sexual intercourse without consent in the Eleventh Judicial District, Flathead County, before Hon. Ted O. Lympus (Judge Lympus). Fletcher was represented by attorney Lane Bennett (Bennett) who helped him negotiate a plea agreement with the prosecutor. Pursuant to the agreement, the State would request only 40 years imprisonment with 20 suspended in exchange for Fletcher’s plea of guilty. At his change of plea hearing, Fletcher acknowledged that Judge Lympus was not bound by the plea agreement and…