Montano v. State

FOX, Justice.

[¶1] Michael Paul Montano pleaded no contest to two counts of second-degree murder and guilty to two counts of mutilation of dead human bodies as part of a plea agreement. The district court accepted his pleas but rejected the agreement's joint sentencing recommendation. Mr. Montano appeals, claiming the State violated the plea agreement when it recommended the agreed-upon sentence, but made negative comments about Mr. Montano's conduct. We affirm.

ISSUE

[¶2] Did the State breach its plea agreement with Mr. Montano by commenting on the evidence?

*840FACTS

[¶3] Jody Fortuna and Phillip…