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State v. Fritz

Supreme Court of Kansas

April 11, 2014

STATE OF KANSAS, Appellee,
v.
FREDERICK W. FRITZ IV, Appellant

Page 764

Appeal from Sedgwick District Court; GREGORY L. WALLER, judge.

SYLLABUS

BY THE COURT

1. A hearing on a motion to withdraw a plea of nolo contendere is limited to those instances in which the defendant's motion raises substantial issues of fact or law. When the files and records conclusively show that the defendant is entitled to no relief, the motion must be denied.

2. Mere conclusions of the defendant are insufficient to raise a substantial issue of fact when no factual basis is alleged or appears in the record.

Michelle A. Davis, of Kansas Appellate Defender Office, was on the brief for appellant.

Lesley A. Isherwood, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

Page 765

OPINION

ROSEN, J.

Frederick W. Fritz IV appeals from the summary denial of his motion to withdraw his plea of no contest to charges of felony murder, attempted first-degree murder, aggravated robbery, and attempted aggravated robbery.

The State charged Fritz with one count of premeditated murder, three counts of attempted first-degree murder, one count of aggravated robbery, and four counts of attempted aggravated robbery. On August 16, 2010, he entered a plea of no contest to one count of felony murder, three counts of attempted first-degree murder, one count of aggravated robbery, and four counts of attempted aggravated robbery. On September 30, 2010, the district court sentenced him to a term of life imprisonment plus 652 months.

[299 Kan. 154] On December 8, 2010, Fritz docketed his appeal from his sentence. On January 21, 2011, he filed a pro se motion to withdraw his plea, alleging ineffective assistance of counsel. Then, on March 14, 2011, he withdrew his motion because his case was pending on appeal. After the parties submitted their appellate briefs but before the case was set on a docket, on December 16, 2011, this court issued an order summarily vacating the sentence and remanding the case to the district court for resentencing.

On March 9, 2012, the district court resentenced Fritz, imposing a hard 20 life sentence plus 330 months. Also on March 9, 2012, new counsel filed a renewed motion in district court seeking leave to withdraw the no contest plea. After hearing brief argument from the parties, the district court denied the motion ...


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