State v. WilsonAnnotate this Case
Defendant Matthew Wilson proximately caused Michael Lowery’s death by attacking those in the apartment, including Joel Solano, leading to Solano’s foreseeable defensive response of accidentally killing Lowery.
After Wilson broke into an apartment and began shooting the occupants, Solano grabbed a gun and hid in his room. Lowery fled from Wilson into the room occupied by Solano, who mistook Lowery for the shooter and shot him dead. Wilson pled no contest to premeditated murder for Lowery’s death. Wilson later filed a pro se motion to withdraw his no contest pleas, arguing that there was an insufficient basis to support the elements of premeditated murder because he did not actually kill Lowery. The district court summarily denied the motion. The Supreme Court affirmed, holding that a factual basis supported Wilson’s plea because he did not contest the element of premeditation and his attack proximately caused Lowery’s death.