State v. Roach

¶ 1 The petitioner, Jerry Roach, filed a petition for postconviction relief in the Fifteenth Judicial District Court in Daniels County, in which he sought to withdraw his guilty pleas to burglary and theft or, in the alternative, to receive a shorter sentence. Roach appeals the denial of postconviction relief. We vacate the judgment of the District Court and remand for further proceedings.

¶2 The issue on appeal is whether Roach’s pleas should be set aside for the District Court’s failure to first advise him of the maximum applicable sentence.

FACTUAL BACKGROUND

¶3 On January 7, 1997, Jerry…