STATE OF MONTANA v. MATTHEW ANDREW SOTTO (2025)

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion, shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2 Matthew Andrew Sotto appeals from the Eighth Judicial District Court, Cascade County's November 4, 2022 Sentencing Order, Judgment, Bond Exoneration, & Order to Close sentencing him to 20 years in the Montana State Prison with 10 years suspended and 1 year at the Cascade County Detention Center to run concurrently. We affirm.

¶3 On August 19, 2021, the State charged Sotto with one count of Sexual Intercourse Without Consent (“SIWOC”) and one count of Partner or Family Member Assault (“PFMA”). Sotto reached a plea agreement with the State on December 13, 2021, pursuant to which he agreed to plead guilty to both counts. In exchange, the State agreed it would not recommend any sentence unless Sotto was charged with any additional crimes before sentencing. The District Court held a change of plea hearing on January 4, 2022, and accepted Sotto's guilty plea on January 20, 2022.

¶4 The District Court held a sentencing hearing on October 4, 2022, and sentenced Sotto to 20 years in the Montana State Prison with 10 years suspended for the SIWOC and 1 year at the Cascade County Detention Center for the PFMA, with the sentences to run concurrently. On November 4, 2022, the District Court issued its Sentencing Order, Judgment, Bond Exoneration, & Order to Close.

¶5 Sotto argues that we should allow him to withdraw his guilty plea under either an abuse of discretion or plain error standard because he was not aware of possible lesser-included offenses at the time the plea was entered and because his attorneys gave part of his plea allocution. The State responds that those arguments are not properly before us because Sotto has not yet raised his withdrawal arguments before the District Court. “We have held that a request to withdraw [a plea] must first be raised in district court.” State v. Hoots, 2005 MT 346, ¶ 28, 330 Mont. 144, 127 P.3d 369; see also State v. Radi, 250 Mont. 155, 159, 818 P.2d 1203, 1206 (1991) (“Initially, the grant or denial of a motion to withdraw a plea of guilty is within the sound discretion of the trial court.”).

¶6 Sotto replies that it would be unjust for us to apply such a rule in this case because he is statutorily barred from raising his arguments before the District Court now that a year has passed since the District Court entered its Judgment on November 4, 2022. The State responds that Sotto may still move to withdraw his plea because the Judgment is not yet final. Under § 46-16-105(2), MCA, “[a]t any time before judgment or ․ within 1 year after judgment becomes final, the court may, for good cause shown, permit the plea of guilty or nolo contendere to be withdrawn.” (Emphasis added.). “[I]f an appeal is taken to the Montana supreme court,” a judgment does not become final for purposes of § 46-16-105(2), MCA, until “the time for petitioning the United States supreme court for review expires.” Section 46-16-105(2)(b), MCA. The state acknowledges that the instant appeal constitutes an appeal for the purposes of § 46-16-105(2)(b), MCA, so Sotto has one year after the time for petitioning the United States Supreme Court for review of this Opinion to ask the District Court to allow him to withdraw his plea.

¶7 Because Sotto has not yet moved the District Court to withdraw his plea, and the State concedes that he is still permitted to do so, we decline to address Sotto's arguments that his plea was invalid.

¶8 We have determined to decide this case pursuant to Section I, Paragraph 3(c) of our Internal Operating Rules, which provides for memorandum opinions. This appeal presents no constitutional issues, no issues of first impression, and does not establish new precedent or modify existing precedent. Affirmed.

JAMES JEREMIAH SHEA

We Concur: CORY J. SWANSON LAURIE McKINNON BETH BAKER JIM RICE