State v. Charles Earl Guess

EISMANN, Justice.

This is an appeal out of Latah County from an order denying the defendant’s motion to set aside his guilty plea to aggravated assault and dismiss the charge after he had successfully completed his five years of probation. He contends that the terms of his plea agreement entitled him to the relief he requested and, if it does not, that the court abused its discretion in denying the motion based upon the fear of the victim, his ex-wife. We affirm.

I

Factual Background.

On April 26, 2006, during the pendency of divorce proceedings, Charles Earl Guess, his wife, and their respective…