Brakeall v. Weber

[¶ 31.] I dissent on Issue 1 and would not reach Issues 2 through 4.

[¶ 32.] The failure of the trial court at sentencing to advise Brakeall of the minimum and maximum sentence prevents a knowing, intelligent and voluntary plea and is reversible error.

[¶ 33.] The majority opinion provides mere lip service to the language cited with approval in State v. Richards, as follows: The failure to advise of the mandatory minimum sentence is more than a technical, harmless error and demonstrates a manifestation of injustice.

The trial court’s express statement on the record of an applicable mandatory…