Legal Opinion · Dissent

State v. Holmes

Louisiana Court of Appeal

Decided April 25, 2001No. 2000-KA-1816Published

1Dissent

hPLOTKIN, J.,

dissenting with reasons.

La.C.Cr.P. art. 559 provides in pertinent part that “[t]he court may permit a plea of guilty to be withdrawn at any time before *445sentence.” However, the defendant has no absolute right to withdraw a previously entered plea of guilty. State v. Lewis, 633 So.2d 315 (La.App. 1 Cir.1993). The withdrawal of the guilty plea is within the discretion of the trial court, and it is subject to reversal only if the discretion is abused or arbitrarily exercised. State v. King, 93-2146 (La.App. 4 Cir. 6/30/94), 639 So.2d 1231.

“As a general rule a denial of withdrawal of…

2Cases cited3 opinions

  1. State v. GriffinLouisiana Court of Appeal · 1988
  2. State v. LewisLouisiana Court of Appeal · 1993
  3. State v. KingLouisiana Court of Appeal · 1994

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