Pettus v. State
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The Supreme Court affirmed the judgment of the district court denying Defendant's pre-sentence motion to withdraw his plea of no contest to second-degree murder, holding that the district court did not abuse its discretion.
Defendant pleaded no contest to second-degree murder and guilty to first-degree arson, felony theft, and felony burglary. Before sentencing, Defendant filed a pro se motion to withdraw his no-contest plea, alleging that he made the decision to enter the no-contest plea due to ineffective assistance of counsel. After a hearing, the district court denied the motion, ruling that Defendant failed to establish a basis to withdraw his no-contest plea. The Supreme Court affirmed, holding (1) Defendant failed to meet his burden of establishing there was a fair and just reason to allow him to withdraw his no-contest plea; and (2) the district court correctly exercised its discretion in denying Defendant's motion.
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