State v. Yother

The District Court for the Sixteenth Judicial District, Custer County, denied defendants motion to withdraw his plea of guilty to the offense of sexual intercourse without consent. Defendant appeals. We affirm.

The issues for our consideration are:

1. Did the District Court abuse its discretion in denying defendants motion to withdraw his plea of guilty?

2. Were defendants constitutional rights to due process violated by the denial of his motion to withdraw his plea of guilty?

The State charged defendant, Kenneth Yother, with sexual intercourse without consent, sexual assault, and incest, all…