Gregory S. McAmis v. State

LANSING, Judge.

In this appeal from a judgment granting him post-conviction relief, Gregory Scott McAmis argues that although the district court properly determined that he was entitled to post-conviction relief, it erred in ordering resentencing as a remedy rather than permitting him to "withdraw his guilty plea.

I

BACKGROUND

McAmis was charged with grand theft, felony, Idaho Code §§ 18-2403, 18-2407, and the State alleged that he was subject to a persistent violator sentence enhancement, I.C. § 19-2514. The parties reached a plea agreement under which McAmis would plead guilty to grand theft.…