State of Idaho v. Daniel Earl Shook Appeal from the district courts denial of motion to withdraw guilty plea

State: Idaho

Docket No: 32929

Case Date: 09/18/2007

Plaintiff: State of Idaho

Defendant: Daniel Earl Shook Appeal from the district courts denial of motion to withdraw guilty plea

Preview:IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 32929 STATE OF IDAHO, Plaintiff-Respondent, v. DANIEL EARL SHOOK, Defendant-Appellant. ) ) ) ) ) ) ) ) ) )

2007 Opinion No. 61 Filed: September 18, 2007 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge. Order denying motion to withdraw guilty plea, reversed, and case remanded. Molly J. Huskey, State Appellate Public Defender; Greg S. Silvey, Deputy Appellate Public Defender, Boise, for appellant. Greg S. Silvey argued. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued. ______________________________________________ LANSING, Judge After being sentenced for aggravated battery, Daniel Earl Shook moved to withdraw his guilty plea because he had not been informed, before pleading guilty, that the court could impose a consecutive sentence or order restitution, both of which were ordered by the district court. Shook appeals from the district court's denial of that motion. We reverse and remand. I. FACTUAL & PROCEDURAL BACKGROUND Shook was charged with aggravated battery, Idaho Code

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