By: dmc-admin//June 4, 2001//
Mary Lou McClain appeals the judgment of conviction and sentence for misappropriation and the trial court’s order denying her motion to withdraw her no contest plea before sentencing. She contends the trial court erroneously exercised its discretion in denying her motion to withdraw her plea because it (1) held that as a matter of law she may not rely on her own assertions that a fair and just reason exists for plea withdrawal, but must offer some other evidence; (2) held that as a matter of law she must “overcome” her attorney’s credibility; (3) failed to liberally apply the standard for plea withdrawal; and (4) failed to consider whether she adequately understood the available defenses prior to her entry of the plea. We conclude the trial court did not erroneously exercise its discretion and we therefore affirm. Not recommended for publication in the official reports.
Dist IV, Dane County, Ebert, J., Vergeront, J.
Attorneys:
For Appellant: Robert T. Ruth, Madison
For Respondent: Ann Sayles, Madison, et al.