Summary
The Wyoming Supreme Court affirmed the denial of Joshua L. McCard’s presentencing motion to withdraw his nolo contendere pleas. The court held that McCard failed to show a fair and just reason for withdrawal under W.R.Cr.P. 32(d), and that the pleas were entered knowingly and voluntarily after compliance with W.R.Cr.P. 11.
Topics
Practice areas
Questions Presented
- Whether the district court abused its discretion by denying McCard's presentencing motion to withdraw his nolo contendere pleas.
- Whether McCard demonstrated a fair and just reason for withdrawal under W.R.Cr.P. 32(d).
Holdings
- A defendant has no absolute right to withdraw a guilty or nolo contendere plea before sentencing; withdrawal under W.R.Cr.P. 32(d) is committed to the district court's sound discretion upon a showing of a fair and just reason.
- McCard failed to establish any fair and just or plausible reason for withdrawing his nolo contendere pleas, and the district court therefore did not abuse its discretion in denying the motion.
Key quotations
“A defendant does not enjoy an absolute right to withdraw a plea of guilty prior to the imposition of sentence.” (78 P.3d at 1042)
“A motion to withdraw a guilty plea, such as that filed here, is governed by W.R.Cr.P. 32(d) which provides that if a motion for withdrawal of a guilty plea is made before sentence is imposed, the court may permit withdrawal upon a showing by the defendant of any fair and just reason.” (78 P.3d at 1043)
Factual background
McCard was charged after allegations that he twice sexually intruded on a nine-year-old victim while he was the victim's mother's live-in boyfriend. He initially pleaded not guilty, later entered nolo contendere pleas to two counts of third-degree sexual assault under a plea agreement, and underwent several continuances before sentencing. Three days before a continued sentencing hearing, he sought to withdraw his pleas, claiming innocence as to one count and coercion based on the prosecutor's warning that additional charges might be filed.
Procedural history
McCard was charged with two counts of second-degree sexual assault, later entered nolo contendere pleas to two counts of third-degree sexual assault pursuant to a plea agreement, and was scheduled for sentencing. Shortly before a continued sentencing hearing, he moved to withdraw his pleas, asserting innocence as to one count and coercion by the prosecutor. The district court denied the motion and imposed the agreed-upon sentences; the Wyoming Supreme Court affirmed.