BY THE COURT
Before sentence is pronounced, a defendant may withdraw a
plea upon a showing of good cause.
district court should evaluate three factors when determining
whether a defendant has shown good cause: whether (1) the
defendant was represented by competent counsel, (2) the
defendant was misled, coerced, mistreated, or unfairly taken
advantage of, and (3) the plea was fairly and understandingly
three good-cause factors do not have to apply in a
defendant's favor in every case, and the district court
may duly consider other factors in its discretionary decision
on the existence or nonexistence of good cause.
a defendant explicitly states in court that entering a plea
is a voluntary act that was not the subject of coercion, the
presence of pressure exerted by attorneys does not inherently
constitute undue coercion.
mere change of mind does not justify disturbing a plea
agreement without any evidence the plea was made unwillingly
or without an understanding of the consequences.
from Saline District Court; Rene S. Young, judge.
Kristen B. Patty, of Wichita, argued the cause and was on the
brief for appellant.
Hurst Mitchell, county attorney, argued the cause, and Derek
Schmidt, attorney general, was with her on the brief for
Woodring entered a plea of no contest to felony murder. He
takes a direct appeal to this court from the order denying
his motion to withdraw his plea.
was a participant in a vehicular shooting that resulted in
the death of a young woman. The State charged him with one
count of premeditated first-degree murder, or, in the
alternative, felony murder; one count of attempted
first-degree premeditated murder; one count of criminal
discharge of a firearm at an occupied vehicle; one count of
conspiracy to commit aggravated battery; and one count of
interference with law enforcement.
who was 17 years old at the time of the shooting, was charged
as an adult. It was alleged he provided and drove the car
used in the shooting and that he also contacted the shooter
and suggested that he bring a gun with him on the drive. On
April 18, 2016, he entered into an agreement to plead no
contest to felony murder in exchange for the State's
agreement to dismiss other charges.
6, 2016, Woodring filed a pro se motion to withdraw his plea.
The court gave his counsel leave to withdraw and appointed
new counsel to represent him at a subsequent hearing on his
motion to withdraw his plea. After hearing testimony from
Woodring, the court denied his motion to withdraw and
sentenced him to a term of life imprisonment with a minimum
mandatory sentence of 25 years before ...