Russell v. State
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Appellant entered a plea of nolo contendere to the charge of conspiracy to deliver methamphetamine. After the district court accepted the plea and scheduled a sentencing hearing, Appellant retained new counsel, who filed a motion to withdraw the plea. In support of the motion, counsel asserted, among other things, that a fair and just reason existed for allowing the withdrawal because Appellant asserted his innocence. The district court denied the motion after a hearing. The Supreme Court affirmed, holding that the district court reasonably concluded that Appellant's assertion of innocence did not constitute a fair and just reason for allowing him to withdraw his plea.
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