State v. Theisen
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The Supreme Court affirmed Defendant's plea-based convictions of conspiracy to distribute or deliver a controlled substance (hydrocodone), conspiracy to distribute or deliver a controlled substance (tramadol), and child abuse, holding that there was no reversible error in the proceedings below.
Specifically, the Supreme Court held (1) the district court did not err in accepting Defendant's guilty pleas because the information expressly alleged overt acts in furtherance of the charged conspiracy to distribute and deliver hydrocodone and tramadol, and the factual basis was sufficient to satisfy Wharton's Rule and support Defendant's guilty pleas; (2) Defendant's assignment of ineffective assistance of trial counsel for counsel's failure to properly inform her of Wharton's Rule was without merit; and (3) the record was insufficient to reach Defendant's claim of ineffective assistance due to her trial counsel's alleged conflict of interest.
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