Summary
The Supreme Court of Nebraska affirmed the denial of Bradley K. Williams' motions to withdraw his guilty plea after he was terminated from a domestic violence intervention program. The court held that the plea agreement was valid, that Williams did not establish a fair and just reason for withdrawal by clear and convincing evidence, and that the 90-day jail sentence for third-degree domestic assault was not excessive.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion in accepting Williams' guilty plea.
- Whether the trial court abused its discretion by denying Williams' presentence motions to withdraw his guilty plea after he was terminated from the intervention program.
- Whether Williams' 90-day sentence was excessive.
Holdings
- The trial court properly accepted Williams' guilty plea because it advised him of the required constitutional rights and the alternative consequences under the plea agreement, and the plea was entered knowingly, voluntarily, intelligently, and understandingly.
- The trial court did not abuse its discretion in denying Williams' motions to withdraw his guilty plea because he failed to establish by clear and convincing evidence a fair and just reason for withdrawal.
- The 90-day sentence was not excessive and was not an abuse of judicial discretion because it was within the statutory limits for a Class I misdemeanor.
Key quotations
“After the entry of a plea of guilty or no contest, but before sentencing, a court, in its discretion, may allow a defendant to withdraw his or her plea for any fair and just reason, provided that the prosecution has not been or would not be substantially prejudiced by its reliance on the plea entered.”
“The right to withdraw a plea previously entered is not absolute, and, in the absence of an abuse of discretion on the part of the trial court, refusal to allow a defendant's withdrawal of a plea will not be disturbed on appeal.”
Factual background
Williams was charged with third-degree domestic assault, criminal mischief, and disturbing the peace after an altercation with his intimate partner. He pleaded guilty to third-degree domestic assault under an agreement that required him to participate in a batterers' intervention program; successful completion would permit withdrawal of the plea and dismissal of the charge. After Williams was arrested on new domestic-assault charges, the program terminated him before completion, and the county court denied his motions to withdraw the plea. A jury later acquitted him of the new charges, but the county court sentenced him to 90 days' incarceration in the original case.
Procedural history
Williams pleaded guilty to third-degree domestic assault under a plea agreement requiring participation in a domestic violence intervention program. After he was terminated from the program, the county court denied his motions to withdraw the plea and sentenced him to 90 days in jail. The Douglas County District Court affirmed the conviction and sentence, and the Nebraska Supreme Court affirmed.