[Download] "Don R. Carter v. State Idaho" by Court of Appeals of Idaho No. 17340 " eBook PDF Kindle ePub Free
eBook details
- Title: Don R. Carter v. State Idaho
- Author : Court of Appeals of Idaho No. 17340
- Release Date : January 05, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The question presented in this appeal is whether a criminal defendant must be advised, before pleading guilty to a felony,
that a conviction could lead eventually to persistent violator status if the defendant commits one or more other subsequent
felonies. We hold that such advice may be desirable, but it is not mandatory. The issue is framed by the following facts. Upon his plea of guilty, Don Carter was convicted on two felony counts of issuing
checks with insufficient funds. He later petitioned the district court for post-conviction relief, alleging that his plea
had been involuntary for two related reasons: (1) he was not informed by the court that, if he later committed a third felony,
he could be deemed a persistent violator under I.C. § 19-2514; and (2) he received ineffective assistance of counsel
because his attorney similarly failed to so advise him. The district court dismissed the petition, and this appeal followed.
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