People v. Holcomb

Defendant was convicted of unlawful possession of methamphetamine with intent to deliver and unlawful possession of methamphetamine precursor.  Defendant entered into a negotiated plea agreement that allowed him to participate in a drug court program; however, he was dismissed from the program and sentenced to concurrent terms of 12 years’ imprisonment per his plea agreement. Defendant appealed arguing that his sentences were void because he was not properly admonished under SCR 605(c). The appellate court held that his sentences were not void, but remanded so that defendant could be properly admonished and given the opportunity to file a post plea motion under SCR 604(d). (HOLDRIDGE and PETERSON, concurring)