State v. Enoch

Ben Daniel Enoch (Enoch) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on his Alford plea to the felony offense of issuing bad checks. We reverse, concluding that the District Court abused its discretion in denying Enoch’s motion to withdraw his guilty plea.

On October 23,1992, Enoch was charged with a felony violation of § 45-6-316, MCA, issuing a bad check (common scheme). He entered a plea of not guilty on November 18, 1992. Enoch’s next appearance before the District Court was on May 10, 1993, for a change of plea. At that time, Enoch’s counsel…