State v. NashAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's judgment and order denying Defendant's postconviction motion to withdraw his Alford plea, holding that Defendant did not meet his burden to prove by clear and convincing evidence that manifest injustice would result if he were not permitted to withdraw his plea.
Defendant entered an Alford plea to second-degree sexual assault of a child. After he was sentenced, Defendant filed a postconviction motion seeking to withdraw his Alford plea, arguing that the circuit court failed to establish strong proof of guilt as to each element of the offense. The circuit court denied the motion, and the court of appeals affirmed. The Supreme Court affirmed, holding that the record demonstrated that there was a sufficient factual basis to support strong proof of Defendant's guilty for each of the two elements of the offense.