State v. Fisher
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to possession of a controlled substance first offense. The judgment and sentence provided that Defendant’s driver’s license shall be revoked for 180 days and provided for several surcharges on top of the fine. Defendant appealed, arguing that his written plea was defective because it failed to disclose the statutory minimum sentence of two days in jail, the mandatory six months’ revocation of his driver’s license, and the surcharges that were added to his fine. The court of appeals affirmed Defendant’s plea and sentence. The Supreme Court vacated the decision of the court of appeals and vacated the judgment and sentence imposed by the district court, holding (1) Defendant’s plea was involuntary because revocation of the driver’s license of a person convicted of a drug possession offense is mandatory, immediate, and part of the punishment for that offense, and therefore, the court must inform the defendant of this consequence before accepting his guilty plea; and (2) Defendant had a right to be informed of fine surcharges. Remanded.
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