Berger v. StateAnnotate this Case
Appellant pled guilty to third-degree sexual abuse of a minor. The district court accepted the guilty plea and imposed five years of supervised probation. Appellant later filed a motion to withdraw his guilty plea, arguing that he had received ineffective assistance of counsel and was prejudiced because he would not have pled guilty were it not for counsel’s deficient performance. The district court denied the motion. The Supreme Court affirmed, holding that counsel’s performance was not deficient, and therefore, the district court did not abuse its discretion in denying Appellant’s motion to withdraw his guilty plea.