State v. Peterson, 12424
| Decision Date | 22 November 1977 |
| Docket Number | No. 12424,12424 |
| Citation | 98 Idaho 706,571 P.2d 767 |
| Parties | The STATE of Idaho, Plaintiff-Respondent, v. Larry Ellis PETERSON, Defendant-Appellant. |
| Court | Idaho Supreme Court |
Roger S. Burdick, of Hart & Burdick, Jerome, for defendant-appellant.
Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., James F. Kile, Asst. Atty. Gen., Boise, for plaintiff-respondent.
Larry Peterson pleaded guilty to seven counts of burglary and the trial court accepted his pleas. He now contends that the pleas are invalid under State v. Colyer, 98 Idaho 32, 557 P.2d 626 (1976). We agree. The record, including inferences reasonably drawn therefrom, does not affirmatively show that Peterson knowingly and intelligently waived his constitutional rights to a jury trial, to confront his accusers, and to refrain from incriminating himself.
Reversed and remanded.
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...requires that on appeal voluntariness of the guilty plea and waiver be reasonably inferred from the record as a whole. State v. Peterson, 98 Idaho 706, 571 P.2d 767 (1977); State v. Birrueta, 98 Idaho 631, 570 P.2d 868 (1977); State v. Stevens, 98 Idaho 131, 559 P.2d 310 (1977); State v. Co......
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...inferred from the record as a whole. State v. Carrasco, 117 Idaho 295, 300, 787 P.2d 281, 286 (1990) (citing State v. Peterson, 98 Idaho 706, 571 P.2d 767 (1977)). Dopp has asserted that because he was under severe emotional stress prior to entering his guilty pleas, he did not enter those ......