Idaho Code

Idaho Code § 19-1714

Plea of guilty. 

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Plea of guilty. 

A plea of guilty can be put in by the defendant himself only in open court, unless upon indictment against a corporation, in which case it may be put in by counsel. The court may at any time before judgment, upon a plea of guilty, permit it to be withdrawn and a plea of not guilty substituted: provided, that upon the application of the defendant, a plea of guilty may be received, and sentence may be passed, at chambers as provided in section 1-901.

Notes of Decisions
Cited in 6 cases, 1965–1983 · leading case: Walker v. State
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Walker v. State (1968) idaho · cites it 4× “[24] I.C. § 19-1714. [25] State v. Poynter, 34 Idaho 504, 508 , 205 P.”
State v. Jackson (1975) idaho · cites it 2× “7757 (I.C. § 19-1714) and held in effect that the withdrawal of a plea of guilty is a discretionary matter with the trial court and that the discretion should be liberally exercised —only as to the question of whether the trial court has exercised judicial discretion as…”
State v. Martinez (1965) idaho · cites it 2× “On the contrary, defendant was permitted to and did make whatever showing he desired of any and all facts and circumstances concerning not only the nature of the plea, but involving defensibility of the charge contained in the information.”
Russell v. State (1983) idahoctapp · cites it 2× “7757 (I.C. § 19-1714) and held in effect that the withdrawal of a plea of guilty is a discretionary matter with the trial court and that the discretion should be liberally exercised — only as to the question of whether the trial court has exercised judicial discretion as…”
State v. Turner (1973) idaho · cites it 2× “He contends that at the time that he changed his pleas of “not guilty” to “guilty,” the trial court had already denied his motion for a change of venue, he had an inability to pay his counsel, and there had been lengthy voir dire examination of the jurors for two days.”
State v. Cleverly (1980) idaho · cites it 2× “On appeal, Cleverly asserts that the plea agreement invaded the court’s authority and improperly involved the court in plea negotiations.”
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