Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Stone

Supreme Court of Montana

August 8, 2017

STATE OF MONTANA, Plaintiff and Appellee,
v.
JOEL HENRIK STONE, Defendant and Appellant.

          Submitted on Briefs: June 7, 2017

         APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DC 13-0395 Honorable Gregory R. Todd, Presiding Judge:

          For Appellant: Craig Shannon, Attorney at Law, Missoula, Montana

          For Appellee: Timothy C. Fox, Montana Attorney General, Tammy A. Hinderman, Assistant Attorney General, Helena, Montana

          Scott Twito, Yellowstone County Attorney, Julie Mees, Deputy County Attorney, Billings, Montana

          MIKE McGRATH

         ¶1 Joel Henrik Stone (Stone) appeals the District Court's order vacating his guilty plea to felony partner or family member assault and his subsequent prosecution for aggravated assault. We affirm.

         ¶2 We restate the issues on appeal as follows:

Issue One: Did the District Court err by vacating Stone's guilty plea?
Issue Two: Was Stone twice put in jeopardy for the same offense?

         FACTUAL AND PROCEDURAL BACKGROUND

         ¶3 On May 24, 2013, the State filed an Information charging Stone with aggravated assault and partner or family member assault (PFMA). The State later filed an amended Information charging Stone with the same offenses in the alternative, and added a misdemeanor tampering charge. On September 30, 2013, after a thorough colloquy Stone unconditionally pled guilty to felony PFMA. Stone admitted to two prior PFMA convictions, to the facts establishing the elements of PFMA, and stated he understood he was pleading guilty to a felony. The plea agreement included a designation of Stone as a persistent felony offender. In the hearing, the District Court accepted Stone's guilty plea as knowing and voluntary.

         ¶4 Prior to sentencing, the parties informed the District Court that Stone, in fact, did not have two prior PFMA convictions. Stone contented that he must be sentenced in accordance with the crime of PFMA as a misdemeanor. The State moved to vacate the guilty plea based on mutual mistake. The District Court agreed with the State, vacated the guilty plea, and allowed the State to amend the Information. The District Court determined Stone was not being subjected to double jeopardy nor were his due process rights violated.

         ¶5 The State filed a Second Amended Information charging Stone with aggravated assault and tampering. After obtaining new counsel, Stone moved the District Court to reconsider its decision to allow the prosecution to proceed, alleging there was no mutual mistake, but instead the State's unilateral ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.