State v. Drga

This is an appeal from a decision of the Eighth Judicial District Court, Cascade County, denying George F. Drga’s motion to withdraw guilty plea and motion to set aside sentence. We reverse.

The dispositive issue on appeal is whether the District Court erred in denying Drga’s motion to withdraw a guilty plea and refusing to set aside Drga’s conviction and sentence when it made no determination regarding Drga’s fitness to proceed.

FACTS

In July 1994, Drga was charged with felony stalking for harassing and intimidating his ex-wife. Upon a stipulation signed by Drga’s former attorney and the…