State v. Lewis

OPINION

The State appeals from a district court order granting respondent Ricky D. Lewis’s presentence motion to withdraw his guilty plea. The issue before this court is whether an order granting a presentence motion to withdraw a guilty plea is independently appealable. We conclude that such an order is an intermediate order, not a final, appealable judgment. This court’s appellate jurisdiction is determined by statute or rule. Because there is no statute or rule providing for an appeal from an intermediate order of the district court allowing a defendant to withdraw a guilty plea before…