State v. Ettleman

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing Defendant's plea-based conviction for felony child abuse, holding that the court of appeals properly found that there was not a sufficient factual basis for the plea but erred in its disposition.The court of appeals reversed the district court's order accepting Defendant's no contest plea to felony child abuse and vacated that conviction, concluding that the factual basis presented by the State was not sufficient to support Defendant's no contest plea, and affirmed Defendant's conviction for attempted possession of a controlled substance. The court then vacated the sentence and remanded the matter for resentencing on Defendant's conviction for attempted possession of a controlled substance. The Supreme Court remanded the matter to the court of appeals with directions to reverse both convictions and vacate the sentencing, holding that the district court abused its discretion in finding a sufficient factual basis to support Appellant's no contest plea to child abuse but held that the court of appeals erred in its disposition because it focused only on the conviction for felony child abuse rather than setting forth a remedy focused on the entire plea agreement. View "State v. Ettleman" on Justia Law