State v. Booth

I dissent. This case is not the same as Blackwell. In this instance, the judge, rather than the state attorney, initiated the habitual offender sentence. Indeed, the judge did so subsequent to Booth’s entering his plea. The district court opinion reads, in part, as follows:

He pled guilty after entering into a plea agreement and entering into a dialogue with the trial judge. Subsequently, the court served notice on Booth that it intended to hold a hearing to sentence Booth as an habitual offender. Booth moved to withdraw his plea, which the trial judge denied. He adjudicated Booth guilty and…