State v. Gordon

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 44. (dissenting). The defendant pled not guilty to *404three counts and asked for a jury trial. During trial, defense counsel conceded the defendant's guilt to one of the counts — disorderly conduct while armed with a dangerous weapon — and failed to object to jury instructions that omitted an element of this crime.1 The mere statement of these simple, undisputed facts illustrates the flaws in the majority decision.

¶ 45. The Constitution provides that the decision to plead guilty rests with the defendant alone. The due process clause of the Fourteenth…