County District Court File No. 82-CR-15-2399
Swanson, Attorney General, St. Paul, Minnesota; and Peter
Orput, Washington County Attorney, Nicholas A. Hydukovich,
Assistant County Attorney, Stillwater, Minnesota (for
Cathryn Middlebrook, Chief Appellate Public Defender, Frank
R. Gallo, Assistant Public Defender, St. Paul, Minnesota (for
Considered and decided by Reyes, Presiding Judge; Connolly,
Judge; and Larkin, Judge.
plea agreement provides that a particular sentence will be
imposed if a defendant complies with certain conditions and
the defendant does not comply with those conditions, a
district court's imposition of a different sentence is
not a violation of the plea agreement and does not entitle
the defendant to withdraw the plea.
having failed to comply with the conditions of his plea
agreement and been sentenced without regard to the plea
agreement, argues that his sentence violates the plea
agreement and entitles him to withdraw his plea. Because a
district court has no obligation to impose the sentence in a
plea agreement on a defendant who has failed to comply with
the conditions in that agreement, we affirm.
2015, appellant Andrew Montez sold a pound of marijuana for
$2, 500 to a confidential informant in Washington County. He
was charged with fifth-degree controlled substance crime,
sale of marijuana. In December 2015, appellant signed a
petition to plead guilty, which provided a stay of imposition
and a 45-day cap on his jail sentence and stated
I understand that if I do not cooperate with the [presentence
investigation (PSI)], fail to return for sentencing w/o
lawful excuse, fail to remain law abiding or even being
charged with a crime (sic), fail to abstain from
non-prescribed drugs and/or alcohol, or fail to follow any
other orders of the court, then the above plea agreement is
in jeopardy and the court may sentence me without regard to
that agreement, as if I entered a "straight plea."
attorney paraphrased this at the plea hearing, saying:
[Appellant] is going to be pleading guilty to the sole charge
in the complaint, Count 1, with a stay of imposition; 45-day
He'll cooperate with the PSI, return for sentencing, and
remain law abiding. In fact, not even be charged with a
crime, or he understands that it ...