Guilty Pleas

Voluntariness

When the voluntariness of the plea is at issue, we will review that ultimate mixed question of law and fact de novo, to determine if the trial court was correct in holding that the plea was voluntary.  State v. Warclub, 2005 MT 149, ¶ 24, 327 Mont. 352, 114 P.3d 254.

The fundamental purpose of allowing the withdrawal of a guilty plea is to guard against the conviction of an innocent person.  If there is any doubt that a plea was involuntary, the doubt should be resolved in favor of defendant.  State v. Boucher, 2002 MT 114, ¶ 25, 309 Mont. 514, 48 P.3d 21 (overruled on "abuse of discretion" standard by State v. Lone Elk, 2005 MT 56, ¶ 19, 326 Mont. 214, 108 P.3d 500).