State v. Browning

Lawny Browning appeals from a conviction of aggravated assault upon a law enforcement officer. I.C. §§ 18-905 and 915. Browning contends on appeal that the district court erred by not granting his motion under Idaho Criminal Rule 33(c) to withdraw his guilty plea before he was sentenced. We agree. We vacate the judgment of conviction and remand this case to allow Browning to withdraw his guilty plea.

The record in this case shows that neither at the time Browning was arraigned in district court nor at the time he entered his guilty plea was he advised that such a plea would constitute a waiver…