Panchu v. State

The defendant moved to withdraw her no contest plea to armed robbery after sentencing. She alleged that she committed the crime because her co-defendants threatened to harm her and members of her family if she failed to co-operate. However, her attorney failed to advise her of the availability of the defenses of duress and necessity. Defendant appeals an order summarily denying her motion to withdraw her plea. Because the allegations in the defendant’s motion were not conclusively rebutted by the record, the trial court erred in denying her motion without holding an evidentiary hearing.…