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State of Idaho v. Patty Ann Maxim

November 20, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
PATTY ANN MAXIM,
DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Jerome County. Hon. John K. Butler, District Judge.

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

2012 Unpublished Opinion No. 726

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order denying motion to withdraw guilty plea, affirmed.

Patty Ann Maxim appeals from her judgment of conviction for possession of a controlled substance. Specifically, she asserts the district court erred by denying her motion to withdraw her guilty plea. We affirm.

Pursuant to plea negotiations, Maxim entered an Alford plea*fn1 to possession of methamphetamine. As a part of these negotiations, the state recommended mental health court. At the change of plea hearing, the court inquired whether there was anything going on in Maxim's life that would affect her "ability to make a reasoned or informed decision" regarding the guilty plea. Maxim affirmatively responded and the following colloquy ensued:

THE COURT: What is going on?

THE DEFENDANT: My children are being held from me contingent on mental health court. The guardian ad litem came to my house for the first time last Thursday and told me that she--she told my son the reason he can't come home is because I needed to do mental health court.

THE COURT: Okay. Anything else?

THE DEFENDANT: And my house is getting ready to go into foreclosure because of this situation.

THE COURT: But I guess the real purpose of my question is whether or not those issues that are going on in their life--in your life, does that prevent you from understanding what it is we're doing here today?

THE DEFENDANT: No, sir.

THE COURT: So are you still able, on your own part, to make decisions that are in your ...


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