State v. Deserly

¶1 Charles Deserly appeals from the judgment of conviction entered by the District Court for the Twelfth Judicial District, Hill County, on his plea of guilty to assault with a weapon. We reverse and remand for further proceedings consistent with this Opinion.

BACKGROUND

¶2 On February 1, 2006, officers with the Havre Police Department responded to a report of disturbance in a residence. Upon arriving, they encountered an upset girl who stated that a man had tried to kill her. The girl identified Deserly as the assailant and indicated that he was still inside the residence. The officers then…