State v. Fritz
Annotate this CaseAppellant entered a plea of no contest to felony murder, attempted first-degree murder, aggravated robbery, and attempted aggravated robbery. Appellant docketed his appeal from his sentence and then filed a pro se motion to withdraw his plea. Thereafter, Appellant withdrew his motion because his case was pending on appeal. The Supreme Court subsequently vacated the sentence, and the district court resentenced Appellant. That same day, Appellant filed a renewed motion in district court seeking leave to withdraw the no contest plea. The district court denied the motion without an evidentiary hearing. The Supreme Court affirmed, holding (1) a defendant may move to withdraw a guilty plea after a cases is remanded from the appellate courts for resentencing; and (2) the district court did not abuse its discretion in finding that Appellant’s motion failed under either the good-cause or the manifest-injustice standard.
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