State v. Atteberry

Green, J.:

This is a second appeal by Donald G. Attebeny. In this appeal, Atteberry seeks review of the trial court’s judgment denying Atteberry’s pro se motion to withdraw his plea filed under K.S.A. 22-3210(d). Atteberry entered a plea of no contest to 34 counts of violations of the Kansas Securities Act (the Act) and 2 counts of the theft by deception. Atteberry moved to withdraw his plea after sentencing and while his first direct appeal was pending. His first appeal was dismissed for lack of jurisdiction under State v. Johnson, 286 Kan. 824, 190 P.3d 207 (2008). Atteberry based his motion…