Source or Prior Law:

62-1305.

Law Review and Bar Journal References:

Many requirements in this section have been established by case law; cases cited in "Plea Bargaining—Justice Off the Record," 9 W.L.J. 430, 442 (1970).

The plea of guilty, symposium on criminal procedure, Robert E. Lastelic, 18 K.L.R. 729, 731, 733, 736, 738, 745 (1970).

Intention of section is to clarify postconviction questions relating to voluntariness of guilty plea, Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 166 (1970).

Indigent's right to transcript of record, 20 K.L.R. 745, 766 (1972).

"Collateral Challenges to Criminal Convictions," Keith G. Meyer and Larry W. Yackle, 21 K.L.R. 259, 312 (1973).

"Guilty Plea not Admissible in Subsequent Civil Suit Based upon the Same Occurrence," Janean Meigs, 24 K.L.R. 193, 202 (1975).

"Criminal Law: Reckless Driving Is Not a Lesser Included Offense of Driving While Under the Influence of Alcohol," Katy Streepy Nitcher, 23 W.L.J. 421, 426 (1984).

Survey of Recent Cases, 43 K.L.R. 981, 982 (1995).

"Criminal Procedure Review: Survey of Recent Cases," 44 K.L.R. 895 (1996).

Survey of Recent Cases, 45 K.L.R. 1368, 1395 (1997).

"Habeas Corpus in Kansas: The Great Writ Affords Postconviction Relief at K.S.A. 60-1507," Martha J. Coffman, 67 J.K.B.A. No. 1, 16 (1998).

Criminal Procedure Edition, 47 K.L.R. 937 (1999).

"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).

"Beyond Hendricks: The United States Supreme Court Decision in Kansas v. Crane and other issues concerning Kansas' Sexually Violent Predator Act," Kevin J. Breer, 71 J.K.B.A. No. 4, 13 (2002).

"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).

"A Duty to Warn: Representing the Non-Citizen in a Criminal Case [State v. Muriithi, 46 P.3d 1145 (Kan. 2002)]," Melissa L. Castillo, 44 W.L.J. 627 (2005).

"Criminal Procedure Survey of Recent Cases," 53 K.L.R. 983 (2005).

Criminal Procedure Survey, 55 K.L.R. 797 (2007).

Criminal Procedure Survey, 56 K.L.R. 803 (2008).

Attorney General's Opinions:

Costs in criminal cases; liability for costs. 79-37.

CASE ANNOTATIONS

1. Constitutional right to assistance of counsel not violated; guilty plea voluntary; factual basis for plea. Widener v. State, 210 Kan. 234, 238, 499 P.2d 1123.

2. Record indicated factual basis for accepting guilty plea; court's discretion not abused in overruling motion to withdraw plea. State v. Dunham, 213 Kan. 469, 471, 474, 476, 517 P.2d 150.

3. Record showed section properly complied with; evidentiary hearing properly denied in K.S.A. 60-1507 appeal. Rice v. State, 213 Kan. 591, 592, 518 P.2d 400.

4. Allegation of acceptance of guilty plea in violation of section; motion to vacate sentence under K.S.A. 60-1507 denied. Underwood v. State, 214 Kan. 633, 522 P.2d 457.

5. Provisions of section not retroactive in application. Peterson v. State, 215 Kan. 253, 255, 524 P.2d 740.

6. Pleas entered after effective date of code governed by section although proceedings commenced prior to date. Robinson v. State, 218 Kan. 1, 3, 4, 542 P.2d 305.

7. Plea of guilty reviewed after denial of post-conviction relief; alleged errors considered and denial of relief upheld. Trotter v. State, 218 Kan. 266, 268, 269, 543 P.2d 1023.

8. Applied; allegations of motion to vacate under K.S.A. 60-1507 not conclusively refuted by record. Morrow v. State, 219 Kan. 442, 443, 449, 548 P.2d 727.

9. Failure to comply with section; motion for post-conviction relief; evidentiary hearing ordered. Outland v. State, 219 Kan. 547, 548, 548 P.2d 725.

10. Plea entered before statute effective; not retroactive; voluntary. Lee v. State, 220 Kan. 221, 222, 552 P.2d 626.

11. Court in accepting nolo contendere plea not required to advise as to parole eligibility; post-conviction relief denied. Hicks v. State, 220 Kan. 279, 280, 283, 552 P.2d 889.

12. Failure to make specific inquiry as to factual basis for guilt in accepting guilty plea not fatal. James v. State, 220 Kan. 284, 286, 287, 553 P.2d 345.

13. Acceptance of plea of nolo contendere to charge and finding of guilt considered a conviction even though defendant not sentenced. State v. Holmes, 222 Kan. 212, 214, 563 P.2d 480.

14. Plea entered in judge's office while court in session, with court officials and defendant present and public not excluded entered "in open court." Morris v. State, 2 Kan. App. 2d 34, 35, 573 P.2d 1130.

15. Section inapplicable when plea of not guilty entered. White v. State, 222 Kan. 709, 712, 713, 714, 568 P.2d 112.

16. Subsection (7) discussed regarding good cause showing for court to permit withdrawal of guilty plea. Burden v. State, 225 Kan. 549, 551, 554, 555, 592 P.2d 451.

17. Applied; motion to vacate sentence under K.S.A. 60-1507 without merit after plea of guilty; trial court's discretion. Burden v. State, 2 Kan. App. 2d 640, 641, 586 P.2d 65.

18. Courts failure to inform defendant of consequences of nolo contendere plea not properly raised by defendant. Lill v. State, 4 Kan. App. 2d 40, 41, 602 P.2d 129.

19. Decision to accept or reject plea of guilty to felony charge is within sound discretion of trial judge. State v. Clanton, 5 Kan. App. 2d 77, 79, 80, 82, 612 P.2d 662.

20. Plea of guilty or nolo contendere may be withdrawn after sentence for good cause shown only to correct manifest injustice. State v. Underwood, 228 Kan. 294, 297, 299, 300, 615 P.2d 153.

21. Libel suit, reversed. Gobin v. Globe Publishing Co., 229 Kan. 1, 4, 620 P.2d 1163.

22. Discussed; guilty plea to second degree murder not knowingly made. Clinkingbeard v. State, 6 Kan. App. 2d 716, 634 P.2d 159 (1981).

23. Upon motion, a guilty plea may be withdrawn for good cause, if the court permits. State v. Harrison, 231 Kan. 489, 491, 494, 646 P.2d 493 (1982).

24. Refusal to allow withdrawal of plea upheld where no manifest injustice found. State v. Wright, 7 Kan. App. 2d 631, 637, 646 P.2d 1128 (1982).

25. Plea of nolo contendere considered in determining if defendant placed in double jeopardy. State v. Fisher, 233 Kan. 29, 34, 661 P.2d 791 (1983).

26. Statement of factual basis for appellant's plea of nolo contendere not sufficient to invoke double jeopardy. State v. Calderon, 233 Kan. 87, 93, 661 P.2d 781 (1983).

27. Acceptance and validity of guilty plea discussed; grounds to set aside reviewed and applied. State v. Snyder, 10 Kan. App. 2d 450, 452, 701 P.2d 969 (1985).

28. Failure to strictly comply herewith is harmless if plea is knowingly and voluntarily made. State v. Alsup, 239 Kan. 673, 675, 676, 722 P.2d 1100 (1986).

29. Statutory guidelines for acceptance of guilty plea examined; mandatory requirements, recommended procedures for trial courts noted. Noble v. State, 240 Kan. 162, 727 P.2d 473 (1986).

30. Cited; court's power to set aside, sua sponte, a plea of nolo contendere examined. State v. Dillon, 242 Kan. 410, 748 P.2d 856 (1988).

31. Cited; privilege against self-incrimination of witness who pled guilty at own trial when testimony sought at another's trial examined. State v. Longobardi, 243 Kan. 404, 409, 756 P.2d 1098 (1988).

32. Written nolo contendere plea agreement is no substitute for requirements herein. State v. Browning, 245 Kan. 26, 34, 774 P.2d 936 (1989).

33. Motion to withdraw guilty plea examined where sentence imposed contrary to plea agreement. State v. Hill, 247 Kan. 377, 385, 799 P.2d 997 (1990).

34. Court's denial of defendant's motion to withdraw plea of nolo contendere to first degree murder examined. State v. Reed, 248 Kan. 506, 508, 809 P.2d 553 (1991).

35. Court's requirement to inform minor of information in K.S.A. 38-1633 of juvenile offenders code noted. In re B.S., 15 Kan. App. 2d 338, 339, 807 P.2d 692 (1991).

36. Trial court required to inform defendant of direct penal consequences but not collateral consequences of plea. Cox v. State, 16 Kan. App. 2d 128, 819 P.2d 1241 (1991).

37. License suspension is collateral consequence of DUI guilty plea; court not required to inform defendant. City of Ottawa v. Lester, 16 Kan. App. 2d 244, 245, 822 P.2d 72 (1991).

38. Admissibility of prior conviction for impeachment purposes; guilty plea given voluntarily and intelligently. U.S. v. Davis, 929 F.2d 554 (1991).

39. Trial record must be unmistakably clear that all aspects of statute were complied with to conclude plea was freely and voluntarily made. State v. Moore, 16 Kan. App. 2d 472, 476, 477, 825 P.2d 537 (1992).

40. Circumstances under which trial court may accept guilty plea during trial examined. State v. Larry, 252 Kan. 92, 843 P.2d 196 (1992).

41. Cited in comparison of silent record regarding defendant's waiver of right to testify with record required for guilty plea. Taylor v. State, 252 Kan. 98, 105, 843 P.2d 682 (1992).

42. Compliance herewith is essential to protect defendant's constitutional right; court will not presume compliance on silent record. State v. Anziana, 17 Kan. App. 2d 570, 571, 840 P.2d 550 (1992).

43. For defendant to be convicted, trial court must accept plea and also enter finding of guilt in open court. State v. Morse, 18 Kan. App. 2d 268, 269, 855 P.2d 87 (1993).

44. Statute inapplicable to diversion agreement; steps required in accepting guilty plea not imposed on accepting diversion agreement. In re Habeas Corpus Application of Tolle, 18 Kan. App. 2d 491, 495, 856 P.2d 944 (1993).

45. Effect of judge's failure to articulate acceptance of guilty plea on validity of conviction and plea examined. State v. Jacobson, 18 Kan. App. 2d 788, 791, 860 P.2d 47 (1993).

46. Whether defendant's guilty plea should be withdrawn because of judge's alleged noncompliance with section's requirements examined. State v. Morris, 254 Kan. 993, 1000, 869 P.2d 739 (1994).

47. Whether court abused discretion by summarily denying motion to withdraw guilty plea without hearing and counsel examined. State v. Jackson, 255 Kan. 455, 457, 874 P.2d 1138 (1994).

48. When appellate courts have jurisdiction to hear appeal of denial of motion to withdraw guilty plea discussed. State v. McDaniel, 255 Kan. 756, 758, 762, 765, 877 P.2d 961 (1994).

49. When court's failure to enter finding of defendant's guilt in open court is harmless error examined. State v. Heffelman, 256 Kan. 384, 386, 395, 886 P.2d 223 (1994).

50. Whether court erred by refusing to allow defendant to withdraw nolo contendere plea examined. State v. Walton, 256 Kan. 484, 485, 885 P.2d 1255 (1994).

51. Whether judge's failure to enter judgment on guilty plea on record constitutes reversible error examined. State v. Sims, 256 Kan. 533, 543, 887 P.2d 72 (1994).

52. Whether defendant may appeal from a denial of motion to withdraw a plea of guilty examined. State v. Flowers, 19 Kan. App. 2d 563, 567, 873 P.2d 226 (1994).

53. Whether defendant established all elements of burglary in providing factual basis for plea examined. State v. Grant, 19 Kan. App. 2d 686, 698, 875 P.2d 986 (1994).

54. Whether defendant should be allowed to withdraw plea because of ineffective assistance of counsel rendered plea involuntary examined. State v. Solomon, 257 Kan. 212, 219, 891 P.2d 407 (1995).

55. Inconsistency of family of victim's position on sentencing with prosecution not a breach of plea agreement or basis to withdraw plea. State v. Johnson, 258 Kan. 607, 610, 907 P.2d 140 (1995).

56. Representation of defendant by appointed counsel serving as temporary county attorney does not per se require withdrawal of plea. State v. Wallace, 258 Kan. 639, 640, 908 P.2d 1267 (1995).

57. Plea is vacated where court has insufficient evidence to establish factual basis to support plea. State v. Shaw, 21 Kan. App. 2d 460, 464, 901 P.2d 49 (1995).

58. Trial court conviction reversed and plea withdrawn where defendant misinformed concerning maximum penalty. State v. Shaw, 259 Kan. 3, 4, 6, 910 P.2d 809 (1996).

59. Trial court denial of defendant's motion to withdraw plea upheld. State v. Williams, 259 Kan. 432, 435, 913 P.2d 587 (1996).

60. Defendant failed to meet burden of proof that representation of counsel was unreasonable. State v. Shears, 260 Kan. 823, 829, 925 P.2d 1136 (1996).

61. Delay caused by defendant's assertion of speedy trial right in another jurisdiction is charged to defendant. State v. Rodriguez, 261 Kan. 1, 2, 927 P.2d 463 (1996).

62. Prosecution must notify defense attorney of expunged juvenile adjudications used in determining defendant's criminal history. State v. Murray, 22 Kan. App. 2d 340, 345, 916 P.2d 712 (1996).

63. Trial court not required to inform defendant of presumption of imprisonment prior to accepting plea. State v. Dighera, 22 Kan. App. 2d 359, 361, 916 P.2d 68 (1996).

64. Defendant's plea based on allegedly incorrect criminal history information did not render plea involuntary. State v. Ford, 23 Kan. App. 2d 248, 251, 930 P.2d 1089 (1996).

65. Court cannot reinstate plea of nolo contendere which it has allowed to be withdrawn. State v. Beecham, 23 Kan. App. 2d 519, 934 P.2d 151 (1997).

66. Defendant taking prescription drugs and informing court she was not under influence of intoxicating drugs able to make voluntary plea. State v. Christensen, 23 Kan. App. 2d 910, 912, 937 P.2d 1239 (1997).

67. Trial court refusal to accept guilty pleas did not constitute reversible error where defendant was not prejudiced. State v. Donesay, 265 Kan. 60, 74, 959 P.2d 862 (1998).

68. Trial court is not required to advise defendant of future application of KSVPA (K.S.A. 59-29a01 et seq.) before accepting guilty plea. State v. Bussell, 25 Kan. App. 2d 424, 425, 960 P.2d 250 (1998).

69. Court's failure to inform defendant sentences could run consecutively did not support withdrawal of guilty plea. Wadsworth v. State, 25 Kan. App. 2d 484, 485, 967 P.2d 337 (1998).

70. Trial court abused its discretion in not providing meaningful hearing on defendant's motion to withdraw guilty plea. State v. Taylor, 266 Kan. 967, 974, 977, 967 P.2d 1196 (1999).

71. No abuse of discretion by trial court in denying motion of defendant to withdraw guilty plea. State v. Lewis, 27 Kan. App. 2d 134, 998 P.2d 1141 (2000).

72. No abuse of judicial discretion in denial of defendant's motion to withdraw plea of nolo contendere to second-degree murder, but court should be informed of "package deal" involving another defendant. State v. Bey, 270 Kan. 544, 17 P.3d 322 (2001).

73. No error in trial court's refusal to allow defendant to withdraw plea of guilty to possession of cocaine. State v. Baldwin, 28 Kan. App. 2d 550, 18 P.3d 977 (2001).

74. Court required to grant motion to withdraw guilty plea upon showing defendant's attorney had conflict of interest in negotiating plea agreement (joint representation of codefendants). State v. Ryan, 29 Kan. App. 2d 297, 26 P.3d 707 (2001).

75. No error in trial court's refusal to allow defendant to withdraw guilty plea to premeditated first degree murder. State v. Vasquez, 272 Kan. 692, 36 P.3d 246 (2001).

76. Before accepting plea, court must advise defendant of maximum sentence that could be imposed. State v. Williams, 275 Kan. 284, 64 P.3d 353 (2003).

77. Trial court has jurisdiction even after sentence is imposed and served to permit withdrawal of nolo contendere plea in order to correct manifest injustices. State v. Stough, 273 Kan. 113, 41 P.3d 281 (2002).

78. Trial court not required to inform defendant of collateral consequences of conviction (possible deportation of noncitizen). State v. Muriithi, 273 Kan. 952, 46 P.3d 1145 (2002).

79. Court's denial of motion to withdraw plea to two counts of premeditated murder affirmed. State v. Sanchez-Cazares, 276 Kan. 451, 78 P.3d 776 (2003).

80. Uncharged aggravated assault of victim's companions did not merge into felony murder of victim. State v. Huynh, 278 Kan. 99, 92 P.3d 571 (2004).

81. Trial court's denial of defendant's motion to withdraw Alford plea affirmed. State v. McCray, 32 Kan. App. 2d 673, 87 P.3d 369 (2004).

82. No error in trial court's refusal to allow defendant to withdraw guilty plea. State v. Davis, 33 Kan. App. 2d 134, 98 P.3d 656 (2004).

83. No abuse of discretion in district court's refusal to permit defendant to withdraw his 1992 guilty plea. State v. Moses, 280 Kan. 939, 127 P.3d 330 (2006).

84. No abuse of discretion in trial court's refusal to allow defendant to withdraw plea of guilty. State v. Edgar, 281 Kan. 30, 127 P.3d 986 (2006).

85. Burden on defendant to withdraw plea prior to sentencing is good cause shown not manifest injustice. State v. Locke, 34 Kan. App. 2d 833, 125 P.3d 584 (2006).

86. Good cause standard applies to set aside plea. State v. Harned, 281 Kan. 1023, 1042, 135 P.3d 1169 (2006).

87. Failure of court to strictly comply with K.S.A. 22-3210 provisions does not necessarily mandate reversal. State v. Barahona, 35 Kan. App. 2d 605, 607, 132 P.3d 959 (2006).

88. Failure of court to inform defendant of maximum penalty under persistent sex offender provisions does not require withdrawal of plea. State v. Chesbro, 35 Kan. App. 2d 662, 671, 134 P.3d 1 (2006).

89. Factual basis for plea not so undercut by new evidence as to require withdrawal of plea. State v. Green, 283 Kan. 531, 549, 153 P.3d 1216 (2007).

90. Court discusses factors judge must consider when evaluating a defendant's motion to withdraw a plea. State v. Adams, 284 Kan. 109, 114, 117, 122, 158 P.3d 977 (2007).

91. Section discussed; court has discretion to allow withdrawal of guilty plea when mutual mistake involved State v. Schow, 37 Kan. App. 2d 941, 944, 161 P.3d 222 (2007).

92. Mentioned; court denied defendant's motion to withdraw guilty plea; factors for good cause discussed. State v. Kraft, 38 Kan. App. 2d 215, 217, 218, 163 P.3d 361 (2007).

93. Cited; timely notice of criminal appeals; three Ortiz exceptions discussed and applied. State v. Patton, 287 Kan. 200, 219, 195 P.3d 753 (2008).

94. Cited; court discusses standards for withdrawal of plea before and after sentencing. State v. Schow, 287 Kan. 529, 540, 543, 197 P.3d 825 (2008).

95. Cited; to correct manifest injustice court may set aside conviction and allow a plea withdrawn. State v. Riis, 39 Kan. App. 2d 273, 275, 178 P.3d 684 (2008).

96. Cited; defendant required to show court that relief was necessary to correct a manifest injustice. State v. Oliver, 39 Kan. App. 2d 1045, 1048, 186 P.3d 1220 (2008).

97. Cited; when court fails to inform juvenile of sentencing alternatives, juvenile's plea is not knowingly and voluntarily made. In re P.L.B., 40 Kan. App. 2d 182, 186, 188 to 191, 193, 194, 190 P.3d 274 (2008).

98. A district magistrate judge has jurisdiction to conduct felony arraignments and accept pleas. State v. Valladarez, 288 Kan. 671, 206 P.3d 879 (2009).

99. Standards for consideration for the withdrawal of plea discussed and applied. State v. White, 289 Kan. 279, 211 P.3d 805 (2009).

100. Cited in discussion of Alford pleas and nolo contendere pleas; ambiguous plea agreement strictly construed in defendant's favor. State v. Case, 289 Kan. 457, 213 P.3d 429 (2009).

101. Motions to withdraw guilty plea filed untimely; denial of motions upheld. State v. Edwards, 290 Kan. 330, 226 P.3d 1285 (2010).

102. Defendant met her burden to show good cause to withdraw her plea under facts of the case. State v. Aguilar, 290 Kan. 506, 231 P.3d 563 (2010).

103. If defendant's post-sentencing motion can be construed as both a motion to withdraw a plea and a habeas corpus motion, summary denial of the motion is subject to de novo review. State v. Atteberry, 44 Kan. App. 2d 478, 239 P.3d 857 (2010).

104. District court's denial of defendant's motion to withdraw plea held proper. State v. Plotner, 290 Kan. 774, 235 P.3d 417 (2010).

105. Denial of motion to withdraw plea upheld for lack of good cause shown. State v. Williams, 290 Kan. 1050, 236 P.3d 512 (2010).

106. Case remanded for the district court to consider defendant's motion in light of the manifest injustice requirements instead of construing as a 1507 motion. State v. Kelly, 291 Kan. 563, 244 P.3d 639 (2010).

107. District court failed to apply the appropriate legal standards on issues of good faith and mutual mistake; case remanded. State v. Freeman 292 Kan. 24, 253 P.3d 1 (2011).

108. Defendant alleging ineffective assistance of counsel due to deficient performance must meet constitutional standards to demonstrate manifest injustice. State v. Bricker, 292 Kan. 239, 252 P.3d 118 (2011).

109. Where defendant failed to show good cause to the court that his contest plea be withdrawn, court had no choice but to deny the defendant's request to withdraw the plea. State v. Brown, 46 Kan. App. 2d 556, 263 P.3d 217 (2011).

110. No good cause found to permit the withdrawal of the plea based on the "Edgar factors" analysis. State v. Macias-Medina, 293 Kan. 833, 268 P.3d 1201 (2012).

111. One-year statute of limitations for preexisting claims begins to run on the date the amended statute became effective. State v. Szczygiel, 294 Kan. 642, 279 P.3d 700 (2012).

112. The district court is directed to determine whether the defendant has made his good cause showing; case reversed and remanded. State v. Garcia, 295 Kan. 53, 283 P.3d 165 (2012).

113. The one-year limit for filing a motion to withdraw plea began to run for preexisting claims on April 16, 2009, effective date of 2009 amendments. State v. Moses, 296 Kan. 1126, 297 P.3d 1174 (2013).

114. The defendant failed to demonstrate the manifest injustice to withdraw his guilty pleas. State v. Kelly, 298 Kan. 965, 318 P.3d 987 (2014).

115. Absent excusable neglect, a motion to withdraw a plea must be brought within one year. State v. Williams, 303 Kan. 605, 607, 366 P.3d 1101 (2016).

116. Defendant waived or abandoned challenge to withdraw plea when the challenge was not made within the one-year limitation period. State v. Smith, 303 Kan. 673, 681, 366 P.3d 226 (2016).

117. Defendant's ignorance of plea withdrawal statute was insufficient to show excusable neglect justifying late filing of withdrawal motion. State v. Davisson, 303 Kan. 1062, 1070, 370 P.3d 423 (2016).

118. Postsentence plea withdrawal motions are treated like K.S.A. 60-1507 motions for the purposes of determining whether a right to counsel was triggered. State v. Laughlin, 310 Kan. 119, 123, 444 P.3d 910 (2019).

119. A defendant failed to establish manifest injustice requiring withdrawal of a plea when the defendant was not informed of postrelease supervision when entering the plea and was told the wrong term of postrelease supervision at sentencing. State v. Terning, 57 Kan. App. 2d 791, 800, 460 P.3d 382 (2020).

120. A defendant may withdraw a plea for good cause shown when another state agrees to waive prosecution, even when the other state was not a signatory to the plea agreement. State v. Frazier, 311 Kan. 378, 383, 461 P.3d 43 (2020).

121. A district court's decision to deny a postsentence motion to withdraw a plea is reviewed under an abuse of discretion standard and a defendant bears the burden of establishing any such abuse of discretion. State v. Cott, 311 Kan. 498, 503, 464 P.3d 323 (2020).

122. To determine whether a defendant has shown manifest injustice necessary to withdraw a plea after sentencing, the court generally considers the same factors reviewed for good cause to support a presentence motion to withdraw a plea, including whether the plea was fairly and understandingly made. State v. Adams, 311 Kan. 569, 575, 465 P.3d 176 (2020).

123. District court's denial of a motion to withdraw plea affirmed where defendant's motion was not filed within one year of the effective date of the statute and excusable neglect was not shown by the defendant. State v. Hill, 311 Kan. 872, 467 P.3d 473 (2020).

124. When an appellate court determines a district court abused its discretion by applying the wrong legal standard to its consideration of a plea withdrawal for good cause, the correct disposition is to reverse the decision and remand the case to the district court with directions to ensure the correct legal standard is applied. State v. Herring, 312 Kan. 192, 198, 474 P.3d 285 (2020).

125. District court has no duty to inform defendant of collateral consequences of plea, such as potential losses of rights to vote and to own or possess firearms. State v. Wallace, 62 Kan. App. 2d 420, 516 P.3d 140 (2022).

126. When a defendant moves to withdraw a plea after sentencing, a trial court must use the 6 th Amendment ineffective assistance standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), to consider whether the defendant was represented by competent counsel—but when the same motion is made before sentencing, a lower standard of lackluster advocacy may constitute good cause for withdrawal. State v. Bilbrey, 317 Kan. 57, 523 P.3d 1078 (2023).

127. A defendant claiming ineffective assistance of counsel to set aside a plea must demonstrate counsel's performance deprived the defendant of his 6 th Amendment right to counsel. Shelton-Jenkins v. State, 317 Kan. 141, 143, 526 P.3d 1056 (2023).

128. Clerical mistakes in judgments, orders, or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders. State v. Redick, 317 Kan. 146, 526 P.3d 672 (2023).