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State v. Markcus Raymond May

July 31, 2012

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
MARKCUS RAYMOND MAY, DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. G. Richard Bevan, District Judge.

The opinion of the court was delivered by: Lansing, Judge

2012 Unpublished Opinion No. 566

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order denying motion to withdraw guilty pleas, affirmed.

Markcus Raymond May appeals from the judgment of conviction. He asserts that the district court abused its discretion by denying his motion to withdraw his guilty pleas. We affirm.

I.

BACKGROUND

May was charged with aggravated battery, Idaho Code §§ 18-903, 18-907(1)(b); aggravated assault, I.C. § 18-901; burglary, I.C. § 18-1401; and eluding a peace officer, I.C. § 49-1404(2); and the State sought sentence enhancements for the use of a firearm during the commission of a felony, I.C. § 19-2520. After two previous plea offers, the State and May reached a plea agreement under which he would plead guilty to aggravated battery with a deadly weapon enhancement and misdemeanor eluding a peace officer, in exchange for which the State would dismiss the remaining counts. The State agreed to recommend a thirty-year unified sentence consisting of ten years determinate followed by twenty years indeterminate to be served for aggravated battery, and a concurrent six months in county jail for misdemeanor eluding a peace officer.

On January 27, 2011, pursuant to the plea agreement, May pleaded guilty to aggravated battery with a deadly weapon enhancement and misdemeanor eluding a peace officer. Approximately six weeks after pleading guilty, May received conflict counsel. On April 22, 2011, conflict counsel filed a motion to withdraw May's guilty pleas. Thereafter, a hearing was held on May's motion, at which May and his previous defense counsel testified.

During the evidentiary hearing, May testified that he pleaded guilty only because of threats and pressure from his attorney. He also testified that he had not understood that the plea agreement involved a potential thirty-year prison sentence for the aggravated battery charge, instead believing that a unified sentence of thirty years with ten years determinate meant that twenty years of the sentence would be "erased," leaving a ten-year sentence. May argued that he should have been allowed to withdraw his guilty pleas for two reasons: (1) because he was pressured into pleading guilty; and (2) that he did not understand legal terms in the plea agreement describing the sentence.

The district court found that May did not establish a "just reason" to withdraw his guilty pleas and denied his motion to withdraw. May was sentenced to a unified term of thirty years with ten years determinate for aggravated battery with a weapon enhancement, and six months in jail for eluding.

On appeal, May contends that the district court abused its discretion when it denied his motion to withdraw his guilty pleas because he was pressured, he did not understand the terms of the plea agreement, and the district court's consideration of certain factors ...


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