Godon v. Kindred Public School District
2011 ND 121
| N.D. | 2011Background
- Howard appeals a district court order denying his motion to withdraw his guilty plea to delivery of methamphetamine.
- Howard admitted to transporting the methamphetamine in his vehicle and being present during the informant’s purchase in the vehicle.
- The State’s factual basis claimed Howard called the supplier, furnished the methamphetamine, and made it available for sale; the center-console tablets were within Howard’s vehicle.
- Howard argued he did not touch the methamphetamine or money and that the factual basis did not support delivery; he sought withdrawal to avoid manifest injustice.
- The district court found the delivery definition includes constructive/attempted delivery, and denied withdrawal; this Court reviews for abuse of discretion.
- The Court holds the guilty plea had a sufficient factual basis and there was no manifest injustice warranting withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion in denying withdrawal of plea | Howard claims manifest injustice since the factual basis did not prove delivery. | Howard contends he was innocent of delivery and that the facts show no transfer. | No abuse of discretion; manifest injustice did not exist. |
| Whether the factual basis supported the delivery of methamphetamine | State asserts Howard was part of the delivery by coordinating and enabling the transfer. | Howard argues he did not touch or money; only transported. | Factual basis supported delivery under construct/attempted transfer. |
| Whether constructive delivery satisfies delivery elements | Delivery includes constructive transfer; presence and transportation suffice. | Only actual transfer would qualify. | Delivery includes constructive delivery; the conduct admitted suffices. |
Key Cases Cited
- Eaton v. State, 2011 ND 35 (ND 2011) (post-conviction withdrawal of plea requires manifest injustice)
- Patten v. State, 2008 ND 29 (ND 2008) (manifest injustice standard for withdrawing guilty pleas)
- Bates, 2007 ND 15 (ND 2007) (abuse of discretion in Rule 11(d) determinations)
- Fickert, 2010 ND 61 (ND 2010) (requires factual basis to match charged offense)
- Helton, 2007 ND 61 (ND 2007) (delivery can be constructive or attempted)