State v. Creech

DONALDSON, Chief Justice.

This appeal involves defendant’s post-conviction relief proceedings. The circumstances leading up to defendant’s conviction and sentencing are set out in State v. Creech, 105 Idaho 362, 670 P.2d 463 (1983) cert. denied, 465 U.S. 1051, 104 S.Ct. 1327, 79 L.Ed. 722 (1984). The proceedings subsequent to defendant’s sentencing were as follows.

On May 19, 1983, defendant filed a motion to withdraw his guilty plea. The mo*593tion was filed pursuant to I.C.R. 33(c) and alleged the following:

“1) the guilty plea in this case was accepted conditionally because the psychological…