Wednesday, August 29, 2012

Know What your Getting Into When You Plea


Last week the Supreme Court of Kansas remanded a trial court’s decision to not allow a criminal defendant to withdraw his nolo contendere plea.  State v. Garcia, 102,140, 2012 WL 3537848, at *2 (Kan. Aug. 17 2012).

In 2008, defendant Garcia was charged with attempted second-degree murder and intentional aggravated battery.  Id.  After making a plea agreement with the state Garcia was able to plead nolo contendere to reckless aggravated battery and the state dismissed the other charges (as well as reducing from intentional to reckless).  Id.  Because Garcia was unaware that a prior juvenile adjudication would be treated as a personal felony, he received a criminal history score of B rather than the C he expected.  Id.  Thus, his presumptive sentence range more than doubled “from 53 to 60 months to 114 to 128 months.”  Id. 

On appeal, and his motion to withdraw, Garcia argued “he was misled into accepting a plea deal because he believed his criminal history score was C.”  Id. at *3.  Garcia primarily contended that the district judge abused his discretion by requiring Garcia to allege his innocence as a prerequisite to withdraw his guilty plea.  Id. at *7.  However, as the supreme court held, such is the incorrect legal standard to be applied.  Id. at *8.  Under Kansas law, a district judge may consider but not require innocence to be claimed in order to establish good cause for the withdrawal of a plea.  Id. at *8. 

For more information regarding sentencing and plea withdrawals contact Dionne or Lindsey at 913.948.9490.

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