Rule 39-27. Grounds for Allowing Plea Withdrawal

The grounds for allowing the defendant to withdraw his or her plea of guilty after acceptance are as follows:

(1) The plea was accepted without substantial compliance with Section 39-19;

(2) The plea was involuntary, or it was entered without knowledge of the nature of the charge or without knowledge that the sentence actually imposed could be imposed;

(3) The sentence exceeds that specified in a plea agreement which had been previously accepted, or in a plea agreement on which the judicial authority had deferred its decision to accept or reject the agreement at the time the plea of guilty was entered;

(4) The plea resulted from the denial of effective assistance of counsel;

(5) There was no factual basis for the plea; or

(6) The plea either was not entered by a person authorized to act for a corporate defendant or was not subsequently ratified by a corporate defendant.

Committee Notes

(P.B. 1978-1997, Sec. 721.)