State v. Woodring, 117,347

• Citation: 309 Kan. 379,435 P.3d 54
• Decision Date: 01 March 2019
• Docket Number: No. 117,347,117,347
• Parties: STATE of Kansas, Appellee, v. Andrew Martin WOODRING, Appellant.
• Court: United States State Supreme Court of Kansas

309 Kan. 379

435 P.3d 54

STATE of Kansas, Appellee,

v.Andrew Martin WOODRING, Appellant.

No. 117,347

Supreme Court of Kansas.

Opinion filed March 1, 2019.

Kristen B. Patty, of Wichita, argued the cause and was on the brief for appellant.

Ellen Hurst Mitchell, county attorney, argued the cause, and Derek Schmidt, attorney general, was with her on the brief for appellee.

The opinion of the court was delivered by Rosen, J.:

Andrew Woodring entered a plea of no contest to felony murder. He takes a direct appeal to this court from the order denying his motion to withdraw his plea.

Woodring was a participant in a vehicular shooting that resulted in the death of a young woman. The State charged him with one count of premeditated first-degree murder, or, in the alternative, felony murder; one count of attempted first-degree premeditated murder; one count of criminal discharge of a firearm at an occupied vehicle; one count of conspiracy to commit aggravated battery; and one count of interference with law enforcement.

Woodring, who was 17 years old at the time of the shooting, was charged as an adult. It was alleged he provided and drove the car used in the shooting and that he also contacted the shooter and suggested that he bring a gun with him on the drive. On April 18, 2016, he entered into an agreement to plead no contest to felony murder in exchange for the State's agreement to dismiss other charges.

On June 6, 2016, Woodring filed a pro se motion to withdraw his plea. The court gave his counsel leave to withdraw and appointed new counsel to represent him at a subsequent hearing on his motion to withdraw his plea. After hearing testimony from Woodring, the court denied his motion to withdraw and sentenced him to a term of life imprisonment with a minimum mandatory sentence of 25 years before he would be eligible for parole. Woodring took an appeal to this court under K.S.A. 2018 Supp. 22-3601(b)(3).

An appellate court reviews a district court's decision to deny a plea withdrawal motion and the underlying determination that the defendant has not met the burden to show good cause for abuse of discretion. State v. Reu-El , 306 Kan. 460, Syl. ¶ 1, 394 P.3d 884 (2017).

"Judicial discretion is abused if judicial action (1) is arbitrary, fanciful, or unreasonable, i.e., if no reasonable person would have taken the view adopted by the trial court; (2) is based on an error of law, i.e., if the discretion is guided by an erroneous legal conclusion; or (3) is based on an error of fact, i.e., if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based." State v. Ward , 292 Kan. 541, Syl. ¶ 3, 256 P.3d 801 (2011).

The party seeking to withdraw the plea bears the burden of establishing the district court's abuse of discretion. See State v. DeAnda , 307 Kan. 500, 503, 411 P.3d 330 (2018). An appellate court does not reweigh evidence or assess witness credibility when applying the abuse of discretion standard. Reu-El , 306 Kan. 460, Syl. ¶ 1, 394 P.3d 884.

K.S.A. 2017 Supp. 22-3210(a) and (b) permit defendants to enter pleas of guilty or nolo contendere under certain conditions:

"(a) Before or during trial a plea of guilty or nolo contendere may be accepted when:

(1) The defendant or counsel for the defendant enters such plea in open court; and

(2) in felony cases the court has informed the defendant of the consequences of the plea, including the specific sentencing guidelines level of any crime committed on or after July 1, 1993, and of the maximum penalty provided by law which may be imposed upon acceptance of such plea; and

(3) in felony cases the court has addressed the defendant personally and determined that the plea is made voluntarily with understanding of the nature of the charge and the consequences of the plea; and

(4) the court is satisfied that there is a factual basis for the plea.

"(b) In felony cases the defendant must appear and plead personally and a verbatim record of all proceedings at the plea and entry of judgment thereon shall be made."

K.S.A. 2017 Supp. 22-3210 also allows defendants to withdraw their pleas before sentence is pronounced if they show good cause:

"(d)(1) A plea of guilty or nolo contendere, for good cause shown and within the discretion of the court, may be withdrawn at any time before sentence is adjudged."

This court has set out three factors that a district court should evaluate when determining whether a defendant has shown good cause: "whether ‘(1) the defendant was represented by competent counsel, (2) the defendant was misled, coerced, mistreated, or unfairly taken advantage of, and (3) the plea was fairly and understandingly made.’ "

State v. Edgar , 281 Kan. 30, 36, 127 P.3d 986 (2006). Not all of the Edgar factors have to apply in a defendant's favor in every case, and the district court may duly consider other factors in its discretionary decision on the existence or nonexistence of good cause. State v. Aguilar , 290 Kan. 506, 513, 231 P.3d 563 (2010).

Prior to accepting his plea, the court asked Woodring a series of questions relating to the voluntariness of his plea. The court asked if he understood the tender, and Woodring said he did. The court asked whether he had sufficient time to speak with his attorney, and Woodring said he did. The court asked him whether he wanted additional time to discuss the case or the plea agreement, and Woodring said he did not. The court asked whether he was under the influence of any mind-altering chemicals or alcohol and whether there was anything diminishing his judgment, and Woodring said no. The court asked whether he had discussed with his attorney the nature of the State's evidence against him and what the State would have to prove to obtain a conviction, and Woodring said he had discussed those matters. The court asked whether his attorney had explained possible defenses, trial rights, the presumption of innocence, and the right to appeal, and Woodring said his attorney had explained those matters. The court asked in detail whether he understood various possible sentencing consequences, including mandatory life imprisonment, and Woodring said he did. The court asked whether he felt pressured or coerced into entering into the plea agreement, and Woodring said he did not. Finally, the court asked whether he was satisfied with the legal advice and assistance he received from his attorney, and Woodring said he was.

The court then stated on the record that Woodring's plea was made "freely and voluntarily, after a full and complete opportunity to consult with counsel, and not out of ignorance, fear, inadvertence, or coercion." The court further found that Woodring "expressed his understanding of the nature and the consequences of entering this plea and that he is competent to do so."

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