State v. Creamer

RONALD R. HOLLIGER, Judge.

William Creamer appeals his conviction after jury trial of assault in the first-degree. He contends that the trial court plainly erred when it sua sponte set aside his previously accepted guilty plea to the reduced charge of second-degree assault based on statements he made in a pre-sentencing investigation (PSI) report. We agree, reverse his conviction for the offense of first-degree assault, and remand for sentencing on his guilty plea to second-degree assault.

Factual and Procedural Background

Creamer was originally indicted with the separate and unrelated offenses…