State v. Payne

The question of the withdrawal of a plea of guilty or of nolo contendere is addressed to the discretion of the trial court. A decision to grant or deny a motion for withdrawal will not be disturbed on appeal unless it is shown to have been an abuse of discretion.

Although at least one appellate court has upheld a grant of permission to withdraw a plea because of unanticipated consequences of a conviction, 2 we have found no case where such consequences rendered it an abuse of discretion to deny permission to withdraw.

We find no abuse of discretion in the present case. Appellant claims that he…