State v. Salazar-Garcia

LANSING, Judge.

After pleading guilty to grand theft for stealing a newborn calf, Raudel Salazar-Garcia moved to withdraw the guilty plea on the ground that he was not aware of all the elements of the offense when he pleaded guilty. The motion was denied, and he appeals. We reverse.

I

BACKGROUND

Salazar-Gareia was charged with grand theft, Idaho Code §§ 18-2403 and 18-2407(l)(b)(7), for stealing a day-old Holstein calf from the dairy where he was employed. Section 18 — 2407(l)(b)(7) provides that a grand theft occurs when a person commits the theft of “livestock or any other animal exceeding one…