Detoma v. State

HINES, Presiding Justice.

Gary M. DeToma, Sr. (“DeToma”), appeals from the denial of his motion to withdraw his plea of guilty to the malice murder of his five-year-old son, Gary, Jr. (“Gary”). For the reasons that follow, we affirm.

According to the factual basis for the plea that the State presented at the plea hearing, DeToma and his wife were in the midst of divorce proceedings and, in order to prevent her from exercising custody of his two sons, DeToma intended to kill both sons, and then himself. On the morning of July 12, 2012, he succeeded in killing Gary, first putting a pillow over…