Legal Question in Appeals and Writs in Idaho

Court of appeals

If a person is represented by a public defender and a deal was made to them to drop charges if you pleaded to chargesbut didn't feel the public defender acted in good faith on your behalf and you went ahead and pleaded guilty to the other charges, Can you appeal on the grounds of your defender not representing you properly and can you change your plea to not guilty during the appeal.


Asked on 4/13/02, 2:18 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Court of appeals

You should file a petition for post conviction relief under Idaho Code section alleging incompetency of counsel. this should be done before appeal if the issues can be resolved with additional fact finding and the sentence is illegal, the court didn't have jurisdiction, the sentence exceeded the maximum, material facts exist that are new and have not been heard, such as incompetency of counsel, that the sentenct has expired, etc. See Uniform Post Conviction Act at Idaho Code section 19-4901 and following. you do not file an appeal on the incompetency of counsel allegation

Read more
Answered on 4/15/02, 4:37 pm


Related Questions & Answers

More Appeals and Writs questions and answers in Idaho