State v. Torres

The Supreme Court affirmed the district court’s denial of Defendant’s conviction motion to set aside his 2008 conviction for partner or family member assault (PFMA) and revocation of his suspended sentence. The attorney’s office sought to revoke Defendant’s suspended sentence after Defendant was again arrested for PFMA. Defendant filed a motion to set aside his 2008 conviction, arguing that the pre-2013 PFMA statute was unconstitutional. The district court denied Defendant’s motion, and Defendant admitted to the violations set forth in the petition to revoke. The Supreme Court held that Defendant forfeited his constitutional challenge to the PFMA statute when he voluntarily pleaded guilty in 2008. View "State v. Torres" on Justia Law