State v. Liefert

2002 MT 48, 43 P.3d 329, 309 Mont. 19, 2002 Mont. LEXIS 64
CourtMontana Supreme Court
DecidedMarch 19, 2002
Docket01-337
StatusPublished
Cited by19 cases

This text of 2002 MT 48 (State v. Liefert) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Liefert, 2002 MT 48, 43 P.3d 329, 309 Mont. 19, 2002 Mont. LEXIS 64 (Mo. 2002).

Opinions

JUSTICE NELSON

delivered the Opinion of the Court.

¶1 David Liefert (Liefert) was charged under federal law with unlawfully possessing a firearm, 18 U.S.C. § 922(g)(9), after pleading guilty under state law to partner assault, § 45-5-206, MCA, in Justice Court No. 1, Broadwater County. After the federal violation was charged, Liefert sought to withdraw his guilty plea to the partner assault in Justice Court, arguing good cause to withdraw his plea because the Justice Court did not inform him of the federal prohibition on possessing a firearm as a result of his plea under state law. The Justice Court denied the motion, and Liefert appealed the denial to the First Judicial District Court, Broadwater County.1 The District Court also denied his motion, concluding Liefert did not have to be advised of the federal prohibition because it is a collateral consequence of Liefert’s sentence. Liefert followed with this appeal, again arguing that his guilty plea was not voluntary because he was not informed of the federal limitations on possessing a gun upon conviction for domestic violence under state law.

¶2 We address the following issue on appeal: Did the District Court err in denying Liefert’s motion to withdraw his guilty plea because Liefert was entitled to be informed of the federal firearms prohibition [21]*21that could result from a state conviction for partner assault?

¶3 We affirm.

L FACTUAL AND PROCEDURAL BACKGROUND

¶4 On August 25,1999, Liefert plead guilty to partner assault under § 45-5-206, MCA, in Justice Court No. 1, Broadwater County. The facts underlying the plea are not part of the record because justice courts are not courts of record. However, the briefs of the parties indicate that law enforcement responded to a 911 call regarding an argument between Liefert and his wife.

¶5 On May 18, 2000, Liefert was charged with violations of federal laws that prohibit possession of a firearm when someone receives qualifying state convictions. One charge arose under 18 U.S.C. § 922(g)(9) due to Liefert’s guilty plea for domestic assault. The other charge arose under 18 U.S.C. § 922(g)(1) due to Liefert’s Minnesota conviction for third degree assault. We are only concerned here with the federal charge arising from Liefert’s guilty plea to partner assault in Montana. The facts that gave rise to Liefert’s possession of a firearm are also not part of the record. However the briefs of the parties indicate that Montana Fish, Wildlife, and Parks authorities discovered Liefert’s gun possession during a hunting investigation and reported this possession to the United States Attorney’s Office for the District of Montana after learning of his prior convictions.

¶6 After Liefert was charged with the federal violations, he sought to withdraw his guilty plea in Justice Court. The Justice Court denied the motion. The basis for the Justice Court’s decision is not part of the record because justice courts are not courts of record.

¶7 Liefert then appealed to the District Court. The District Court held that the Justice Court did not have to inform Liefert of the federal gun prohibition because under State v. Reynolds (1992), 253 Mont. 386, 833 P.2d 153, judges are not required to inform defendants of the collateral consequences of a guilty plea. Therefore, the District Court held that there was no good cause for Liefert to withdraw his plea.

¶8 We have held that there is no appeal to a District Court from the denial of a motion to withdraw a guilty plea in Justice Court. State v. Feight, 2001 MT 205, ¶ 22, 306 Mont. 312, ¶ 22, 33 P.3d 623, ¶ 22. Further, lack of proper jurisdiction can always be raised at any point in a proceeding. State v. LaPier (1998), 289 Mont. 392, 395, 961 P.2d 1274, 1276; § 46-13-101(3), MCA. The State asserts here that jurisdiction was not proper in District Court and that Liefert’s appeal should therefore be dismissed. However, the State also suggests that Liefert’s appeal could be deemed as one for post conviction relief, which is an alternative not addressed in Feight. See State v. Feight, 2001 MT 205, ¶ 16 n.2, 306 Mont. 312, ¶ 16 n.2, 33 P.3d 623, ¶ 16 n.2. Without [22]*22deciding the issue of whether a petition for post conviction relief is proper in all similarly situated cases, we accept the State’s suggestion to deem this case a request for post conviction relief for purposes of this case only. Accordingly, we address the issue of whether Liefert had good cause to withdraw his plea.

II. STANDARD OF REVIEW

¶9 In order for a guilty plea to validly waive constitutional protections, the defendant’s guilty plea must be a voluntary, knowing, and intelligent choice among options. State v. Radi (1991), 250 Mont. 155, 159, 818 P.2d 1203, 1206 (citing North Carolina v. Alford (1970), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162); see § 46-12-210, MCA. The defendant must be aware of the rights waived including such rights as the right to a jury trial, to counsel, or the right against self incrimination. State v. Yother (1992), 253 Mont. 128, 130, 831 P.2d 1347, 1348.

¶10 A district court may permit the withdrawal of a guilty plea for good cause. Section 46-16-105(2), MCA. “The fundamental purpose of allowing the withdrawal of a guilty plea is to prevent the possibility of convicting an innocent [person].” State v. Johnson (1995), 274 Mont. 124, 127, 907 P.2d 150, 152. This Court reviews denial of a motion to withdraw a guilty plea for abuse of discretion. State v. Bowley (1997), 282 Mont. 298, 304, 938 P.2d 592, 595. We consider three factors in this review:

1. the adequacy of the court’s interrogation at the time the plea was entered regarding the defendant’s understanding of the consequences of the plea;
2. the promptness with which the defendant attempts to withdraw the plea;
3. the fact that the plea was the result of a plea bargain in which the guilty plea was given in exchange for dismissal of another charge.

Bowley, 282 Mont. at 304, 938 P.2d at 595. In this case, there was no plea agreement and the State does not dispute that Liefert’s attempt to withdraw his plea was prompt. Therefore, the only factor at issue is whether the Justice Court’s plea colloquy was adequate even though it did not inform Liefert of the consequence of the federal prohibition on possession of firearms as a result of a state conviction for domestic violence, in this case, partner assault.

III. DISCUSSION

A. Issues Not Addressed in this Opinion

¶11 Before we turn to the issue presented to this Court, it is important that we clarify the issues this Opinion does not address. These issues [23]

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Cite This Page — Counsel Stack

Bluebook (online)
2002 MT 48, 43 P.3d 329, 309 Mont. 19, 2002 Mont. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-liefert-mont-2002.