State v. Cain

Defendant entered into a plea agreement with the State in which Defendant pled no contest to manufacturing THC. Based on a plea colloquy, the circuit court determined that the plea was entered knowingly, voluntarily, and intelligently. The circuit court accepted Defendant's plea and placed Defendant on probation for a period of two years. Defendant subsequently filed a motion for post-conviction relief, arguing that he was entitled to withdraw his plea to correct a manifest injustice because did not admit to having more than four marijuana plants at the time of the plea colloquy, but rather admitted to having only four plants. The circuit court denied Defendant's post-conviction motion, determining that Defendant's plea was entered knowingly, intelligently, and voluntarily. The Supreme Court affirmed, holding that the record, when viewed in its totality, did not support withdrawal of Defendant's plea, as Defendant did not meet his burden of showing by clear and convincing evidence that allowing the withdrawal of his no contest plea was necessary to correct a manifest injustice. View "State v. Cain" on Justia Law