North Dakota v. Wallace

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William Wallace appealed a second amended criminal judgment entered after he pleaded guilty to luring minors by computer or other electronic means. Before accepting a guilty plea, the district court must inform a defendant of and determine the defendant understood any mandatory minimum penalty, including any mandatory minimum term of probation. The North Dakota Supreme Court concluded the district court did not substantially comply with N.D.R.Crim.P. 11 when the court failed to inform Wallace of and determine that he understood the five-year mandatory minimum period of probation. The Court therefore reversed and remanded this case to the district court to allow Wallace to withdraw his plea of guilty and for further necessary proceedings. View "North Dakota v. Wallace" on Justia Law