State v. Philip L. Dieter

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED SEPTEMBER 17, 2012 IS HEREBY WITHDRAWN.

BURDICK, Chief Justice.

This case arises out of an appeal of the district court’s refusal to grant a dismissal following an evidentiary hearing in 2011. In 1988, Philip Dieter (Dieter) entered a plea agreement with the State in which he agreed to plead guilty to lewd conduct in exchange for the State’s dismissal of two related charges. Subsequently, the court entered an Order of Withheld Judgment and Order of Probation. Following an amended order that enlarged the terms of probation, the district court…