Background
Defendant Kylir Dorsey pleaded guilty to possessing a firearm as a felon without a plea agreement and received a forty-six-month prison sentence. His counsel moved to withdraw and filed an Anders brief challenging the denial of the motion to withdraw the plea.
The court’s reasoning
The appellate court concluded the district court did not abuse its discretion in denying the motion to withdraw the plea. The plea colloquy confirmed the defendant understood the charges, the factual basis, and was not coerced. The court found no fair and just reason for withdrawal because the defendant’s sworn statements at the hearing refuted his later assertions. Claims of ineffective assistance not challenging plea voluntariness were declined on direct appeal.
What it means going forward
Defendants seeking to withdraw guilty pleas must show the plea was not voluntary or there is a fair and just reason, supported by evidence not contradicted by their own sworn testimony.