State v. Lavy

The Court of Appeals was correct in its determination of State v. Lavy, 121 Idaho 866, 828 P.2d 895, filed March 5, 1991, and I incorporate that opinion in full as my dissenting opinion to the majority opinion of this Court:

This is an appeal by William Lavy from his judgment of conviction for manufacturing, and for possession of, controlled substances. The judgment was entered upon Lavy’s pleas of guilty to the two charges. As explained below, we vacate the judgment and remand the case for reinstatement of Lavy’s previous pleas of not guilty, on the ground that the record does not show the…