State v. Magness

Opinion

MORTENSEN, Judge:

¶ 1 Robert Morgan Magness (Defendant) was charged with rape. Defendant pled guilty to the lesser crime of forcible sexual abuse. Prior to sentencing Defendant made a motion to withdraw his guilty plea on the ground that it was not knowingly and voluntarily made. The district court denied the motion. We reverse and remand.

BACKGROUND

¶ 2 Defendant was charged with rape in April 2013. A preliminary hearing was scheduled for two months later. On the day of the hearing, Defendant waived his right to a preliminary hearing. Defendant subsequently pled guilty to a lesser charge…