State v. Graham

EAGLES, Judge.

Defendant argues that the trial court erred in failing to grant his motion to withdraw his guilty plea. We disagree.

In State v. Handy, 326 N.C. 532, 391 S.E.2d 159 (1990), our Supreme Court held that a “presentence motion to withdraw a plea of guilty should be allowed for any fair and just reason.” Id. at 539, 391 S.E.2d at 162. The court in Handy identified several factors which, if present, would favor the granting of defendant’s motion to withdraw his guilty plea.

Some of the factors which favor withdrawal include whether the defendant has asserted his legal innocence, the…