State v. Gailey

Defendant was charged with burglary, theft, and criminal mischief. In the course of one day, Defendant entered her initial appearance in district court, was appointed counsel, waived her right to a preliminary hearing, pled guilty, waived the minimum two-day waiting period for sentencing, and received judgment and sentence. Defendant filed a notice of appeal without filing a motion to withdraw her plea, challenging her plea as unknowingly and involuntary. Although the plea withdrawal statute cuts of a defendant’s right to a direct appeal once sentencing is announced, Defendant argued that the plea withdrawal statute merely allows a defendant to pursue either a direct appeal or postconviction relief. The Supreme Court affirmed, holding (1) in accordance with caselaw, the plea withdrawal statute bars direct appeals once sentencing takes place, thus requiring defendants to pursue post-conviction relief; and (2) because Defendant had not pursued a Post-Conviction Remedies Act proceeding, her claims were not ripe for review. View "State v. Gailey" on Justia Law