People v. Kunes
Annotate this CaseDefendant appealed the trial court's denial of his motion to withdraw his plea of no contest to one count of escape by force. Defendant, while on home detention, cut his GPS electronic monitoring device, mailed it to the sheriff with a note, and flew to Pennsylvania to live with his parents. The court concluded that substantial evidence supports the trial court's implied finding that defendant was not operating under any mistake, ignorance, or other factor that overcame his exercise of free judgment when he changed his plea. Further, defendant received effective assistance of counsel and the trial court did not abuse its discretion when it denied his motion to withdraw the plea. Accordingly, the court affirmed the judgment.
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