State v. Craig

McEvers, Justice.

[¶1] Russell Frank Craig appeals from a district court order and amended order denying his motion to withdraw his guilty plea. We reverse and remand, concluding the district court erred by failing to give Craig a hearing.

I

[¶2] Russell Frank Craig pleaded guilty to murder in 2007. On August 17, 2018, Craig filed a motion under N.D.R.Ct. 3.2 to withdraw his guilty plea under N.D.R.Crim.P. 11(d)(2) and requested oral argument. The State did not respond. On September 14, 2018, the district court issued a notice inquiring whether the State's failure to respond to Craig's motion…