State v. Meyer

FRYE, Justice.

Defendant, Jeffrey Karl Meyer, argues that the trial judge erred by refusing to grant his presentence motion to withdraw his pleas of guilty to two counts of first-degree murder. Defendant also argues that he is entitled to a new sentencing proceeding because the jury instructions were unconstitutional under McKoy v. North Carolina, 494 U.S. 433, 108 L. Ed. 2d 369 (1990). We hold that the trial judge did not err by refusing to grant defendant’s motion to withdraw his guilty pleas, but that defendant is entitled to a new sentencing proceeding because of McKoy error.

Defendant was…