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State v. McAmis

Court of Appeals of Idaho

February 28, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
GREGORY SCOTT McAMIS, Defendant-Appellant

2014 Opinion No. 17

Appeal from the District Court of the Third Judicial District, State of Idaho, Adams County. Hon. Bradly S. Ford, District Judge.

Order denying motion to withdraw guilty plea, affirmed.

Greg S. Silvey, Star, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

GRATTON, Judge. Chief Judge GUTIERREZ and Judge LANSING CONCUR.

OPINION

GRATTON, Judge

Gregory Scott McAmis appeals from the district court's denial of his motion to withdraw his guilty plea. We affirm.

[156 Idaho 56]

Page 447

I.

FACTUAL AND PROCEDURAL BACKGROUND

The State charged McAmis with grand theft by deception. Pursuant to a plea agreement, McAmis pled guilty. This Court affirmed his sentence and the denial of his Idaho Criminal Rule 35 motion to reduce his sentence in State v. McAmis, Docket No. 35945 (Ct. App. Sept. 29, 2009) (unpublished). McAmis subsequently filed a successful post-conviction claim based on the State's failure to follow the terms of the plea agreement. The district court ordered specific performance of the plea agreement at a new sentencing proceeding.[1] At the subsequent resentencing hearing, McAmis moved to withdraw his guilty plea. He argued that the State failed to provide certain documents and that he would not have pled ...


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