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STATE v. GRUENDEMANN

No. 96-414.

935 P.2d 1110 (1997)

STATE of Montana, Plaintiff and Respondent, v. Danny GRUENDEMANN, Defendant and Appellant.

Supreme Court of Montana.

Decided April 1, 1997.

Attorney(s) appearing for the Case

L. Sanford Selvey, II, Chief Public Defender, Billings, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Tammy Plubell, Assistant Attorney General, Helena, Dennis Paxinos, County Attorney; John Kennedy, Deputy County Attorney, Billings, for Plaintiff and Respondent.

TURNAGE, Chief Justice.

Danny Gruendemann pled guilty in the Thirteenth Judicial District Court, Yellowstone County, to sexual intercourse without consent. He appeals from the court's order denying his motion to withdraw that plea. We affirm.

The issues are whether the District Court abused its discretion when it refused to allow Gruendemann to withdraw his guilty plea, and whether the State of Montana is barred from prosecuting Gruendemann for sexual intercourse...

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