Benjamin v. McCormick

The State of Montana appeals a writ of habeas corpus issued by the Third Judicial District Court, Powell County, ordering the warden of the Montana State Prison to release prisoner John Benjamin on parole. The District Court found that Benjamin did not fully understand the consequences of his guilty plea when the sentencing court, prosecuting attorney, and defense attorney represented that he would be incarcerated approximately one year under the terms of his plea bargain agreement, but the sentence and agreement required completion of a two-year sexual offender program. We affirm.

ISSUES

The…