State v. Millner

MESCHKE, Justice.

Richard Eugene Millner appeals from a conviction of gross sexual imposition, claiming that he should have been allowed to withdraw his guilty plea. We reverse and remand.

Millner first pled not guilty, but later moved to change his plea to guilty. Mill-ner’s guilty plea was an Alford-type plea, 1 because Millner claimed that he was drunk at the time and did not remember the incident. The trial court accepted Millner’s guilty plea and set a date for sentencing.

On the date of sentencing, Millner, with new counsel, moved to withdraw his guilty plea. Millner claimed that his…