Background

• Ebaben appeals a district court denial of his pre-sentence motion to withdraw an Alford plea to one misdemeanor sexual battery count.
• Plea was Alford: guilty plea without admitting the crime; Ebaben claimed no factual basis and that he felt pressured because counsel did not subpoena witnesses.
• Charges originally included indecent liberties with a minor, sexual battery of an adult, furnishing alcohol to a minor, and driving on a suspended license; all but a revised misdemeanor sexual battery with JP as victim were dropped.
• Plea hearing summary: court described the charge and explained Alford mechanics; Ebaben indicated in pleading that it was in his best interest, and he pleaded guilty.
• District court found the plea voluntary and sentenced Ebaben to 42 days in jail with probation; Ebaben later moved to withdraw the plea alleging lack of factual basis and coercion.
• Court of Appeals affirmed; Kansas Supreme Court granted review and reversed, remanding to permit withdrawal due to absence of a sufficient factual basis under K.S.A. 22-3210(a)(4); second coercion claim not addressed.

Issues

Key Cases Cited

• Widener v. State, 210 Kan. 234 (1972) (factual basis must be shown from complaint/information or equivalent)
• State v. Snyder, 10 Kan. App. 2d 450 (1985) (no contest plea requires sufficient factual basis; evidence presented matters)
• State v. Shaw, 259 Kan. 3 (1996) (statutory requirement for factual basis; no contest plea considered)
• State v. Edgar, 281 Kan. 30 (2006) (establishing factual basis for Alford/No Contest pleas; elements and details required)
• In Williams, 290 Kan. 1050 (2010) (three-factor test for good cause to withdraw plea; not all must favor defendant)
• State v. McPherson, 38 Kan. App. 2d 276 (2007) (harmless error distinction; distinguishes nonexistent/hypothetical crimes)