State v. Sanders

¶39 I agree with the Court that the District Court abused its discretion in not allowing Sanders to withdraw his guilty plea, but join in Justice Nelson’s special concurring opinion which relates to the actual rule of law in Bowley.

¶40 I write separately, however, to question the alternative relief granted to Sanders by the Court. Sanders attempted to withdraw his guilty plea, and we have held that the District Court erred in refusing to allow him to do so. Under that circumstance, the sole appropriate relief seemingly would be to remand to the District Court with instructions to allow…