State v. Biastock

The sole issue presented on this appeal is whether the trial court erred in denying defendant’s post-conviction motion to withdraw his plea of guilty.

In State v. Reppin, 1 this court adopted the “manifest injustice” test as set forth in the American Bar Association Project on Minimum Standards for Criminal Justice — Pleas of Guilty. 2

Under those standards a defendant should be permitted to withdraw his plea of guilty if he is able to prove that his plea was made under any of the following situations:

“ (1) [H] e was denied the effective assistance of counsel guaranteed to him by constitution,…