State v. BrickerAnnotate this Case
Appellant Corinthian Bricker pleaded no contest to one count each of aggravated battery, driving under the influence, and failure to present proof of insurance. Contrary to the plea bargain agreement that recommended sentencing to Labette Bootcamp Probation, the district court sentenced Bricker to prison. Bricker then filed a motion to withdraw plea, alleging his counsel was ineffective for failing to learn Bricker was ineligible for Labette. The district court denied the motion, and the court of appeals affirmed. The supreme court affirmed, holding (1) defense counsel's failure to familiarize himself with the admission criteria of Labette was not sufficient to meet one prong of Strickland v. Washington test, which states that defendant must show counsel's performance fell below the standard of reasonableness; and (2) counsel's failure to advise Bricker that he could file a pre-sentence motion to withdraw his plea was insufficient grounds to warrant post-sentence withdrawal of the plea.