State v. Fisk

Defendant James Fisk appeals the district court’s denial of his motion to withdraw a plea of nolo contendere. His motion was premised on his alleged lack of awareness that his sentence for sexual abuse of a minor might require him to admit his guilt as a part of treatment or face incarceration. Defendant claims the trial court abused its discretion in denying his motion to withdraw. We affirm.

“[T]he court may permit withdrawal of [a nolo contendere] plea if the defendant shows any fair and just reason and that reason substantially outweighs any prejudice which would result to the state from…