State v. Yalartai

Citations

• 2023 ND 208

Syllabus

A defendant moving to withdraw his guilty plea before sentencing bears the burden of establishing a fair and just reason exists. Among the factors that a district court may consider in determining whether a fair and just reason exists to withdraw a guilty plea before sentencing are: (1) the amount of time that has passed between the entry of the plea and the motion to withdraw (2) defendant's assertion of innocence or a legally cognizable defense to the charge (3) prejudice to the government (4) whether the plea was knowing and voluntary (5) whether the plea was made in compliance with Rule 11, N.D.R.Crim.P. (6) whether adequate assistance of counsel was available to the defendant (7) the plausibility of the reason for seeking to withdraw (8) whether a plea withdrawal would waste judicial resources and (9) whether the parties had reached or breached a plea agreement. A defendant who voluntarily pleads guilty waives the right to challenge nonjurisdictional defects, including alleged violations of constitutional rights that occur before the guilty plea.