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STATE v. MUNOZ

No. 00-612.

23 P.3d 922 (2001)

2001 MT 85

STATE of Montana, Plaintiff and Respondent, v. Daniel MUNOZ, Defendant and Appellant.

Supreme Court of Montana.

Decided May 15, 2001.

Attorney(s) appearing for the Case

Kevin E. Vainio, Butte, MT, For Appellant.

Mike McGrath, Montana Attorney General, Micheal S. Wellenstein, Assistant Montana Attorney General, Helena, MT; Robert M. McCarthy, Silver Bow County Attorney, Brad Newman, Deputy Silver Bow County Attorney, Butte, MT, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The Defendant, Daniel Munoz (Munoz), appeals an order denying his motion to withdraw a guilty plea entered by the Second Judicial District Court, Silver Bow County, on June 16, 2000. The State concedes that it breached the plea agreement, and therefore a reversal and remand is proper. At issue is whether the District Court or Munoz possesses the legal right to choose from available remedies where...

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