 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Richards2/6/2002
than a technical, harmless error and demonstrates a manifestation of injustice. See State v. Gustafson, 278 NW2d 358 (ND 1979). We conclude that when the trial court does not advise the defendant of the mandatory minimum sentence in accordance with Rule 11(b)(2), the interests of justice require that the defendant be allowed to withdraw his plea of guilty. Schumacher, 452 NW2d at 348.
[ .] The North Dakota Supreme Court further elaborated in State v. Schweitzer, 510 NW2d 612, 616 (ND 1994):
The trial court's express statement on the record of an applicable mandatory minimum sentence eliminates the inherent danger of misinterpreting whether the defendant's decision to plead guilty was made with full knowledge of the sentence which must be imposed as a result of that plea. Schumacher. That advice does not appear on the record before us. When the trial court does not advise the defendant of the mandatory minimum sentence in accordance with Rule 11(b)(2), the interests of justice require that the defendant be allowed to withdraw his plea of guilty. Schumacher. See, generally, 5 Wayne R. LaFave et al, Criminal Procedure §21.5(d) (1999). We find the North Dakota rationale persuasive.
[ .] Under SDCL 23A-7-4(1) the trial court has the duty to inform a defendant of the mandatory minimum penalty and the maximum possible penalty. The importance of advising a defendant of the minimum penalty cannot be denied since a mandatory minimum penalty is an absolute while a maximum penalty is only a possibility. Here the record is clear that the trial court did not advise Richards of the mandatory minimum sentence according to the dictates of SDCL 23A-7-4(1). Consequently, the record does not indicate that Richards understood the nature and consequences of his plea. See, State v. Wika, 464 NW2d 630 (SD 1991). The interests of justice require that Richards be allowed to withdraw his plea.
[ .] Accordingly, the judgment is reversed and the case remanded to allow Richards to withdraw his guilty plea.
Page 1 2 3 South Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|