Plant v. State

LANSING, Judge.

Rodney L. Plant appeals from the district court’s order denying Plant’s request for appointment of counsel and summarily dismissing his petition for post-conviction relief. We vacate the order and remand for further proceedings.

I

BACKGROUND

In 1995, Plant pleaded guilty to a charge of trafficking in more than fifty but less than 100 marijuana plants. Idaho Code § 37-2732B(a)(1)(B), (D). The plea agreement provided that the State would recommend the mandatory minimum sentence of three years, but further stated that if Plant did not appear at sentencing, the State would no longer…