State v. Thompson

Reiber, C.J.,

¶ 15. dissenting. Simply stated, the court lacked jurisdiction over defendant’s motion to withdraw his plea. In July, there was no jurisdiction because defendant was in custody under sentence. In September, there was still no jurisdiction because the court’s July order striking the sentence was invalid and had no effect. Each of the majority’s attempts to identify a rationale for jurisdiction in the trial court at the time of its July order lacks a basis in the law. The parties could not confer jurisdiction on the court by agreement, much less by “acquiesee[nce].” Ante, ¶¶ 3 n.l,…