State v. Coby

I dissent from the decision of the Court for the reasons that the basis of the decision is different from the issue decided in the district court; the decision is made upon facts different from those assumed by the parties in the district court; and, the decision does not.give guidance to the trial courts on the important issue that was decided by the district court and the Court of Appeals and was presented to this Court.

The issue as it was addressed in the district court was whether uncounselled guilty pleas could be used for enhancement purposes. The district court outlined the facts as…