State v. Woodbury

LANSING, Judge.

Approximately five months after the district court accepted the defendant’s guilty plea and entered an order withholding judgment, the defendant filed a motion to withdraw the guilty plea. The district court denied the motion, and the defendant appeals. Because we conclude that the motion to with draw the plea was untimely, we affirm the order denying the motion.

I

FACTUAL AND PROCEDURAL BACKGROUND

Lee Burk Woodbury was charged with domestic battery, Idaho Code §§ 18-903, 18-918, and resisting an officer, I.C. § 18-705. Woodbury thereafter pleaded guilty to domestic battery and,…