Supreme Court overturns arson sentence conviction

The Montana Supreme Court last week overturned a Flathead District judge’s decision to go beyond a plea agreement and impose a harsher sentence for a man who set his ex-girlfriend’s Whitefish home on fire in October 2013.

The court reversed and remanded the arson conviction of James Wallace Langley, 35, to Flathead District Court.

“We reverse the District Court’s judgment and remand with instructions to conduct another sentencing hearing,” Justice Beth Baker wrote. “If the court accepts the plea agreement at that time, the court shall sentence Langley in accordance with the plea agreement. If the court rejects the plea agreement again, it must issue the full statutory advisement and give Langley the opportunity to withdraw his plea and proceed to trial.”

Langley had reached a deal with prosecutors in March 2015 in which he pleaded no contest to arson. DNA evidence connected Langley to the crime.

As part of the agreement, prosecutors recommended a deferred sentence. The plea agreement was not binding on District Judge Robert Allison and the judge rejected the recommended sentence.

 Langley then tried unsuccessfully to withdraw his no-contest plea.

“Langley’s sentence of imprisonment is illegal because it was imposed in violation of [Montana Code],” defense attorney Colin Stephens wrote. “Had the court accepted the plea agreement, Langley would be serving a deferred sentence. Had the court complied with the mandate of [Montana Code], Langley would have withdrawn his no contest plea. Because the court neither imposed the agreed-upon sentence nor afforded Langley with the opportunity to withdraw his plea, Langley respectfully request this Court vacate his sentence.”

Langley was released from the Montana Department of Corrections last week.