No. 92-530 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1993 

STATE OF MONTANA, 

Plaintiff and Respondent, 

v. 

TROY COGGINS, 

Defendant and Appellant. 

APPEAL FROM: District Court of the Third Judicial District, 

In and for the County of Powell, 

The Honorable Ted L. Mizner, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

William F. Hooks, Appellate Defender, Helena, 

Montana 

For Respondent: 

Hon. Joseph P. Mazurek, Attorney General; Cregg W. 

Coughlin, Assistant Attorney General, Helena, 

Montana 

Christopher G. Miller, Powell County Attorney, 

Deer Lodge, Montana 

Submitted on Briefs: February 12, 1993 

Decided: March 30, 1993 
Chief Justice J. A. Turnage delivered the Opinion of the Court. 

Troy coggins pleaded guilty to a charge of theft filed in the 

District Court for the Third Judicial District, Powell County. He 

appeals from the District Court's denial of his motion to withdraw 

his plea. We affirm. 

The issue is whether the court abused its discretion in 

refusing to permit Coggins to withdraw his plea. 

Coggins was charged by information with felony theft. The 

affidavit for leave to file the information alleged: 

On June 28, 1991 Ken Fenner reported to the Ceer 

Lodge Police Department that several tools, including a 

Makita Cordless Drill, had been stolen from his truck 

while it was parked on Main Street in Deer Lodge, 

Montana. On July 7, 1991 Bill Crichton reported that a 

Milwaukee Saw All and other tools had been stolen from an 

apartment at 702 Missouri, Deer Lodge, Montana between 

July 3 and July 7, 1991. On July 10, 1991 Deer Lodge 

Police Department Officcr Hike Grey was informed that Ted 

Johnson had recently purchased a Makita Drill from Troy 

Coggins. 

Grey contacted Johnson, who brought the drill in for 

inspection. The drill was identified by Ken Fenner as 

the one stolen from his truck. Johnson stated that he 

had bought the drill from Troy Coggins on July 3, 1991. 

Johnson also told Grey that Coggins had offered to sell 

him a Milwaukee Saw All. 

Further investigation by Officer Grey revealed that 

Troy Coggins had pawned a Milwaukee Saw A11 to Darrell 

Bowman on July 6, 1991, and that Coggins had redeemed the 

tool on July 7, 1991. The Saw All has not been recovered. The value of the tools is in excess of $300. 

At his initial appearance, coggins entered a plea of not 

guilty. On the morning of trial, however, he filed with the court 

a written acknowledgement of waiver of rights by a plea of guilty, 
and his attorney advised the court that Coggins wished to change 

his plea to "guilty.* The following exchange occurred: 

THE COURT: It indicates in the agreement that you have 

doubts about your guilt but you are prepared to and do 

enter a plea of guilty, that you do that based on all the 

facts that have been told to you in this case and 

presented to you by your Counsel. Is that correct? 

COGGINS: Yes, sir. 

After Coggins formally pleaded guilty, the court granted his 

request for written approval to leave the state and visit his 

mother, who was seriously ill in Oregon. 

At his sentencing hearing five months later, Coggins moved for 

permission to withdraw his plea. He maintained that he was 

innocent of the theft of the Milwaukee Saw All and that the value 

of the drill was not sufficient to support a felony charge. He 

,,,, 

=Im,-. .,,*4..+-:,.-.-3 +%,-+ ,,,,,,,,,A,,,U because of his motiiei's illness, he was under 

emotional stress at the time he entered his plea. The motion was 

briefed and argument was heard. The District Court denied Coggins' 

motion, finding that it was untimely and that Coggins was not under 

sufficient stress at the time he entered his plea to prevent him 

from understanding what was going on. 

Did the District Court abuse its discretion in refusing to 

permit Coggins to withdraw his plea? 

Section 46-16-105(2), MCA, provides: 

At any time before or after judgment the court may, for 

good cause shown, permit the plea of guilty to be 

withdrawn and a plea of not guilty substituted. 
The determination of good cause to withdraw a guilty plea is based 

upon three factors: the adequacy of the court's interrogation as 

to the defendant's understanding of the plea; the promptness of the 

defendant's motion to withdraw the plea; and the fact that the 

defendant's plea was the result of a plea bargain in which the 

guilty plea was given in exchange for dismissal of another charge. 

State v. Long (1987), 227 Mont. 199, 201, 738 P.2d 487, 489. 

Absent an abuse of discretion, this Court will affirm a district 

court's refusal to permit the withdrawal of a guilty plea. m, 

738 P.2d at 489. 

Coggins contends on appeal that the State made no offer of 

proof whatsoever with regard to the Milwaukee Saw All. He also 

contends that the court's interrogation of him was inadequate 

because he did not declare in open court the facts upon which his 

guilt is based. Coggins argues that in a case such as this, in 

which the defendant has entered an Alford plea (not acknowledging 

guilt but acknowledging only that the evidence is such that he will 

likely be found guilty, as in North Carolina v. Alford (1970), 400 

U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d l62), a heightened scrutiny of 

the factual basis of the plea is required. 

In moving the District Court to allow him to withdraw his 

plea, Coggins challenged neither the sufficiency of the evidence 

nor the adequacy of the court's interrogation of him at the time he 

entered his plea. He first raised these claims in this appeal. We 
will not reverse the District Court based upon these claims which 

could have been but were not brought before that court. 

As the District Court noted, Coggins' bench trial was expected 

to last only two or three hours and the court had agreed to allow 

him to go to Oregon to be with his mother regardless of the outcome 

of the trial. To a large degree, these facts negate Coggins' claim 

that the stress of wanting to be with his mother during her illness 

induced him to enter his guilty plea. As the District Court 

stated, "the record merely reflects [Coggins'] dissatisfaction with 

his decision to enter an Alford Plea." 

Coggins argues that a motion to withdraw a plea is timely if 

it is made prior to sentencing, and that, under the circumstances 

here presented, his motion to withdraw the plea was made within a 

reasonable time. However, in light cf his statement that he knew 

from "[tlhe minute [he] made the pleaw that it was a mistake, 

Coggins has not shown any reason why he did not file his motion 

sooner. As the District Court noted, Coggins spent some time in 

Oregon and one month in alcohol treatment between the entry of his 

plea and his sentencing, but there is no indication that he was 

unable to contact his attorney during those periods. He also 

participated in preparation of the presentence report during the 

five months before he moved to withdraw his plea. 

The third factor in determining whether good cause exists to 

allow withdrawal of a guilty plea reflects the courts1 aversion to 

lending assistance to an accused criminal in escaping the obliga5 
tions of his plea agreement after accepting the benefits thereof. 

State v. Huttinger (1979), 182 Mont. 50, 62, 595 P.2d 363, 370. 

The benefit granted to Coggins in this case was the sentencing 

recommendation of the prosecution. Because Coggins made his motion 

to withdraw his plea prior to being sentenced, this factor weighs 

neither for nor against granting the motion to withdraw the plea. 

We hold that the District Court did not abuse its discretion 

in denying Coggins' motion to withdraw his plea. We therefore 

affirm the judgment of the District Court. 
March 30, 1993 

CERTIFICATE OF SERVICE 

I hereby certify that the following order was sent by United States mail, prepaid, to the following 

named: 

WILLIAM F. HOOKS 

Appellate Defender 

208 North Montana 

Capitol Station 

Helena, MT 59620 

HON. Joseph P. Mazurek, Attorney General 

Cregg W. Coughlin, Assistant 

Justice Bldg. 

Helena, MT 59620 

CHRISTOPHER G. MILLER 

Powell County Attorney 

409 Missouri Ave. 

Deer Lodge, MT 59722 

ED SMITH 

CLERK OF THE SUPREME COURT 

Depuw