State v. Brashier

LANSING, Judge.

Johnny Lynn Brashier appeals following his conviction for committing the infamous crime against nature, I.C. § 18-6605. In the district court he filed two motions to dismiss the charge. His first motion asserted that an element of the offense, the penetration of the victim, had not been proved at the preliminary hearing. Brashier’s second motion sought dismissal for violation of his right to a speedy trial. Upon the denial of these motions, Brashier entered a conditional plea of guilty to the infamous crime against nature charge, and the State dismissed two other felony counts.…