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State v. Miles

Supreme Court of Kansas

November 26, 2014

STATE OF KANSAS, Appellee,
v.
TRACIE MILES, Appellant

Appeal from Reno District Court; TRISH ROSE, judge.

SYLLABUS

BY THE COURT

A criminal defendant is not entitled to withdraw pleas of no contest after sentencing for manifest injustice, when the deficiency in counsel's performance she alleges was fully corrected by the court before the pleas were entered.

Lydia Krebs, of Kansas Appellate Defender Office, was on the brief for appellant.

Keith E. Schroeder, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.

BEIER, J. MICHAEL J. MALONE, Senior Judge, assigned.[1]

OPINION

Page 1292

Beier, J.

This is a direct appeal from denial of appellant Tracie Miles' postsentencing motion to withdraw her pleas of no contest to premeditated first-degree murder, aggravated robbery, and forgery. Miles was sentenced to life in prison, with no parole eligibility for 25 years, followed by consecutive 51-month and 9-month sentences.

Miles argued that she should be permitted to withdraw her pleas, on the basis of the motion filed nearly 11 years after sentencing, because her lawyer told her she had no chance of acquittal and would receive the death penalty or a hard 40 life sentence if she exercised her right to jury trial. Miles also alleged that she did not understand the length of the prison sentence to which she could be subject if she entered the pleas.

The district judge conducted an evidentiary hearing on the motion to withdraw pleas, at which Miles testified that she did not learn until after her pleas were entered that the State had never filed a capital murder charge against her. The judge denied the motion. Miles argues on this appeal that the district judge abused her discretion.

[300 Kan. 1066] A motion to withdraw plea filed after sentencing is subject to a manifest injustice standard. K.S.A. 2013 Supp. 22-3210(d)(2). An appellate court does not reverse a district judge's ...


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