State v. Stone

The Supreme Court affirmed the district court’s order vacating Defendant’s initial guilty plea to felony partner or family member assault (PFMA) and the court’s subsequent order accepting Defendant’s guilty plea to aggravated assault. On appeal, Defendant argued that the district court had no authority to vacate his guilty plea to PFMA and that he was twice put in jeopardy for the same offense. The Supreme Court disagreed, holding (1) Defendant waived his right to appeal the district court’s decision to vacate his guilty plea to PFMA in his later plea agreement for aggravated assault; and (2) the State’s prosecution of Defendant for aggravated assault did not compromise the protections against double jeopardy. View "State v. Stone" on Justia Law