State v. Schow

I concur with the majority on the first issue that the district court did not abuse its discretion in denying Clifton Lane Schow’s motion to withdraw his plea. As the majority concludes, a mutual mistake of the defendant’s criminal history score, standing alone, is generally insufficient to justify withdrawal of a plea. However, I respectfully dissent from the majority on the second issue concerning Schow’s objection to his criminal history score. I believe the district court erred when it placed the burden on Schow to disprove his misdemeanor convictions which Schow claimed were incorrect.

*949The…