State v. Smith

DECISION

¶ 1 Shawn Michael Smith appeals his conviction in district court case number 081500508 'of assault by a prisoner, a third degree felony, and his conviction in case number 051500608 of possession of a dangerous weapon by a restricted person, a third degree felony. The State moves to dismiss the consolidated appeal on the basis that (1) Smith waived his right to appeal the jury verdict and resulting conviction in case number 081500508, and (2) Smith failed to timely move to withdraw his guilty plea in case number 051500608, which resulted in a waiver of his right to challenge the guilty…