Whether the State has breached a plea agreement is a question of law, which we review de novo. State v. Lewis, 2012 MT 157, ¶ 13, 365 Mont. 431, 282 P.3d 679.
A plea agreement is a contract and is subject to contract law standards. Based upon facts as determined by the fact-finder, the question of whether a contract was breached is a question of law which we review de novo. State v. Shepard, 2010 MT 20, ¶ 8, 355 Mont. 114, 225 P.3d 1217.
When the state has breached a plea agreement, the non-breaching defendant must be afforded the initial right to choose from available remedies. The State then bears the substantial burden, as the breaching party, of demonstrating with clear and convincing evidence that the defendant's choice of remedy would result in a miscarriage of justice. Only upon such a showing may a district court, in its discretion, disallow a defendant's choice of remedy. State v. Munoz, 2001 MT 85, ¶ 38, 305 Mont. 139, 23 P.3d 922.