State v. Stratton

by
Defendant appealed his convictions for obstructing a peace officer, partner or family member assault and three counts of criminal endangerment, among other offenses, rendered after the district court rejected a plea agreement entered into between Defendant and the State and the case proceeded to trial. The Supreme Court affirmed, holding (1) Defendant’s claim of ineffective assistance of counsel is not reviewable on direct appeal because it is not apparent based on the record; and (2) assuming, for the sake of argument, that the State breached the plea agreement, Defendant elected the remedy of withdrawing his plea in response to the alleged breach and could not now obtain the alternative remedy of specific performance. View "State v. Stratton" on Justia Law