Carter v. State

BURNETT, Judge.

The question presented in this appeal is whether a criminal defendant must be advised, before pleading guilty to a felony, that a conviction could lead eventually to persistent violator status if the defendant commits one or more other subsequent felonies. We hold that such advice may be desirable, but it is not mandatory.

The issue is framed by the following facts. Upon his plea of guilty, Don Carter was convicted on two felony counts of issuing checks with insufficient funds. He later petitioned the district court for post-conviction relief, alleging that his plea had been…