State v. Shears

The opinion of the court was delivered by

Six, J.:

Before sentencing, defendant Johnnie C. Shears moved to withdraw his no contest pleas to first-degree premeditated murder, tape, and aggravated robbery. After new counsel was appointed to represent Shears, the district court heard and denied the motion.

The primary issue is whether the district court abused its discretion in denying Shears’ motion. Additional issues are whether: (a) Shears’ no contest plea to premeditated first-degree murder should be set aside because the factual basis provided failed to establish the elements of that offense;…