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State v. Olson

Supreme Court of Montana

January 14, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
WILLIAM RICHARD OLSON, Defendant and Appellant.

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

OPINION

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].[1]
2. Defendant and Plaintiff agree that, in return for Defendant's plea of guilty, the following is the ...

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