Submitted on Briefs: December 18, 2013
District Court of the Fifth Judicial District, In and For the County of Madison, Cause No. DC 11-12 Honorable Loren Tucker, Presiding Judge
For Appellant: Wade Zolynski, Chief Appellate Defender; Lisa S. Korchinski, Assistant Appellate Defender; Helena, Montana
For Appellee: Timothy C. Fox, Montana Attorney General; Micheal S. Wellenstein, Assistant Attorney General; Helena, Montana
Chris Christensen, Madison County Attorney; Chris McConnell, Deputy County Attorney; Virginia City, Montana
Patricia Cotter, Justice
¶1 William Richard Olson (Olson) appeals from an order of the Fifth Judicial District Court, Madison County, sentencing him to the Department of Corrections (DOC) for ten years, with five years suspended. We affirm.
¶2 A restatement of the dispositive issues on appeal is:
¶3 1. Did the District Court commit plain error when it did not provide Olson the opportunity to withdraw his guilty plea pursuant to § 46-12-211, MCA, after it rejected the plea agreement?
¶4 2. Did Olson's trial attorney provide ineffective assistance of counsel?
FACTUAL AND PROCEDURAL BACKGROUND
¶5 On April 25, 2011, the State charged Olson with felony theft. On December 19, 2011, Olson entered a plea agreement with the State. The plea agreement provided in part:
1. Defendant shall plead guilty in the above-entitled action to the charge of Theft, a felony, in violation of [§ 301-6-301(a)-(b), MCA].
2. Defendant and Plaintiff agree that, in return for Defendant's plea of guilty, the following is the ...