State v. Olish

Miller, Justice:

The defendant, Kenneth Edward Olish, appeals from a January 30, 1976, order of the Circuit Court of Kanawha County which denied reconsideration of his motion to withdraw his guilty plea. The defendant had pled guilty to first degree murder, but prior to sentencing sought to withdraw the guilty plea. His motion was denied, and he was sentenced to life without mercy.

Defendant’s guilty plea was the result of a plea bargain. In the initial discussions with the prosecution regarding the possibility of a plea bargain, the prosecutor indicated that if the defendant would plead guilty…