Kruger v. State
2012 WY 2
Wyo.2012Background
- Kruger was charged with felony child abuse under Wyo. Stat. Aun. § 6-2-508(a) and a misdemeanor endangering children charge under § 6-4-408(b)(iv).
- Kruger pled guilty to the felony; the misdemeanor plea was dismissed per a plea agreement, and a related DUI citation was also dismissed.
- At sentencing Kruger moved to withdraw his guilty plea; the district court denied the motion.
- The district court accepted Kruger’s guilty plea to Count I as part of the plea, but deferred acceptance of the plea agreement until after the pre-sentence report.
- A pre-sentence investigation was ordered; sentencing was set, then Kruger sought withdrawal before sentencing.
- The court conducted a Frame-factor analysis and denied the motion; Kruger appealed challenging the denial and the court’s handling of the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the motion to withdraw was an abuse of discretion | Kruger | Kruger | No abuse; denial affirmed |
| Whether the Frame factors were applied arbitrarily in denying withdrawal | Kruger asserts misapplication of factors | State argues factors properly weighed | Factors properly applied; no reversible error |
| Whether the court accepted the guilty plea on Count I but deferred the plea agreement | Kruger claims improper withdrawal standard | State maintained deferment aligned with agreement | Court properly deferred acceptance consistent with plea |
Key Cases Cited
- Winsted v. State, 2010 WY 139, 241 P.3d 497 (Wyoming 2010) (abuse of discretion standard for denial of motion to withdraw plea)
- Burdine v. State, 974 P.2d 927 (Wyoming 1999) (no absolute right to withdraw before sentencing; Rule 11 requirements matter)
- McCard v. State, 2008 WY 142, 78 P.3d 1040 (Wyoming 2008) (burden to show any fair and just reason for withdrawal; prejudice shift to State)
- Major v. State, 2004 WY 4, 83 P.3d 468 (Wyoming 2004) (Frame factors guiding withdrawal analysis; no single factor dispositive)
- Frame v. State, 2001 WY 72, 29 P.3d 86 (Wyoming 2001) (seven-factor test for withdrawal of guilty plea)
- Stout v. State, 2001 WY 114, 35 P.3d 1198 (Wyoming 2001) (benefit-of-the-doubt approach in withdrawal proceedings)
- Kitzke v. State, 2002 WY 147, 55 P.3d 696 (Wyoming 2002) (unconditional guilty plea waives non-jurisdictional claims)
- Van Haele v. State, 2004 WY 59, 90 P.3d 708 (Wyoming 2004) (voluntariness of guilty plea; totality of circumstances)