07/09/92 Lawrence L. Nellsch V. State Idaho

In a petition for post-conviction relief, Lawrence Nellsch sought to withdraw his plea of guilty to the charge of first degree kidnapping alleging he was not aware at the time he entered the plea that the only penalties which could be imposed for the crime were life imprisonment or death. He also claimed that he was denied the effective assistance of counsel because his attorney failed to advise him of the mandatory minimum penalty for first degree kidnapping. The district court summarily dismissed the petition. For the reasons stated below, we affirm the summary judgment of the district court.