State v. Chery

STEELMAN, Judge.

Where defendant has failed to show that any of the factors he asserted under Handy support his contention that a fair and just reason existed for the withdrawal of his plea, and our independent review of the record in this case reveals that the reason for defendant’s motion was that his co-defendant was found not guilty of all charges, the trial court did not err by denying defendant’s motion to withdraw his plea.

I. Factual and Procedural Background

Richard Chery (defendant) was a Marine stationed at Camp Lejune. At approximately 9:00 p.m. on 22 June 2007, defendant met his…