This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant was charged with reckless abuse of a child resulting in death. The incident occurred while the Defendant was caring for the child, who was found unresponsive in her crib. The Defendant entered a guilty plea to the charge. The child's mother, initially charged with reckless child abuse resulting in death, later pleaded guilty to a misdemeanor. (paras 1, 7)
Procedural History
- District Court, November 2023: The Defendant entered a guilty plea to reckless abuse of a child resulting in death. (para 7)
Parties' Submissions
- Appellant: The Defendant argued that the district court erred in denying his motion to sever counts and his motion to withdraw his guilty plea, claiming ineffective assistance of counsel. He contended that his plea was not made knowingly and voluntarily because he was not informed of the mother's plea agreement, which he believed indicated insufficient evidence against him. (paras 2, 5-6)
- Appellee: [Not applicable or not found]
Legal Issues
- Did the Defendant's unconditional guilty plea waive his right to appeal the denial of the motion to sever counts?
- Did the district court err in denying the Defendant's motion to withdraw his guilty plea based on ineffective assistance of counsel?
Disposition
- The appeal was dismissed, and the district court's decision was affirmed. (para 11)
Reasons
Per Wray J. (Medina C.J. and Attrep J. concurring):
The court found that the Defendant's unconditional guilty plea waived his right to appeal the denial of the motion to sever counts. An unconditional plea, without reserving specific issues for appeal, waives the right to challenge the conviction or sentence on direct appeal. (para 3)
Regarding the motion to withdraw the guilty plea, the court held that the Defendant failed to demonstrate ineffective assistance of counsel. The Defendant did not provide evidence that his counsel's performance was deficient or that the counsel knew or should have known about the mother's plea agreement at the time of his plea. The court noted that the Defendant's plea colloquy met the necessary legal requirements, and there was no obligation for the State to inform the defense of the mother's plea agreement. (paras 4-9)
The court concluded that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea. (para 10)