Ineffective Assistance – Lack of Factual Basis 

Posted: 1:00 am Tue, March 16, 2010
By admin

Where defendant was charged with third- and fourth-degree criminal sexual conduct and pleaded guilty to fourth-degree criminal sexual conduct; at the plea hearing, defendant agreed that he freely and voluntarily signed the plea petition and understood its terms; and the plea petition states that defendant had discussed possible defenses with his attorney and makes no claim that he is innocent; we conclude that the District Court did not err in determining that defendant’s argumentative assertions about his attorney’s failure to discuss defenses, and her insistence that he plead guilty despite his claim of innocence, are not supported by any factual basis.

In addition, defendant is not entitled to withdraw his guilty plea.

Affirmed.