State v. Schaal

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 111,513 STATE OF KANSAS, Appellee, v. WILLIAM F. SCHAAL, JR., Appellant. SYLLABUS BY THE COURT 1. An appellate court reviews a district court's ruling on a presentence motion to withdraw plea for abuse of discretion. 2. Judicial discretion is abused if judicial action is (1) arbitrary, fanciful, or unreasonable, i.e., if no reasonable person would have taken the view adopted by the trial court; (2) based on an error of law, i.e., if the discretion is guided by an erroneous legal conclusion; or (3) based on an error of fact, i.e., if substantial…