State v. Smith

Chief Justice DURRANT,

opinion of the Court:

Introduction

T1 The question presented in this case is whether a district court lacks subject matter jurisdiction to accept a defendant's guilty plea where the defendant was not bound over following either a preliminary hearing or an express waiver of the right to a preliminary hearing. 1 The court of appeals held that "a district court cannot exercise its jurisdiction to accept a guilty plea until a defendant has been bound over following either a preliminary hearing or the defendant's waiver of a preliminary hearing." 2

[2 We reverse the court of…