State v. GarnerAnnotate this Case
The State charged Appellant, a forty-year-old developmentally disabled man, with three counts of felony sexual intercourse without consent and one count of felony sexual assault. Appellant pleaded guilty to sexual assault, and the district court accepted the plea. The district court subsequently sentenced Appellant to forty years imprisonment. Nearly one year after issuance of an amended judgment, Appellant moved to withdraw his guilty plea. The district court concluded that Appellant’s motion was timely brought but refused to allow Appellant to withdraw his guilty plea, finding it had been entered knowingly, intelligently, and voluntarily. The Supreme Court affirmed, holding (1) Appellant’s motion to withdraw plea was not time-barred; and (2) the district court did not err when it concluded that Appellant’s guilty plea was voluntary, knowing, and intelligent.