253 P.3d 1
Kan.2011Background
- Freeman pled nolo contendere to counts in 2007 CR 717 and 2008 CR 52, with several charges dismissed in exchange for pleas.
- During plea negotiations, counsel and State believed Freeman’s primary CHS was category C or B; a mutual misunderstanding occurred.
- Plea hearing did not inquire about or advise Freeman of the maximum penalties under K.S.A. 22-3210(a)(2).
- Three weeks post-plea, PSI updates show CHS scores were worse (B in 2007 CR 717 and A in 2008 CR 52), increasing recommended sentences.
- Freeman moved to withdraw his pleas before sentencing, claiming the pleas were unknowingly induced by mutual mistaken CHS and misrepresentation.
- District court denied the motion; Freeman sentenced to concurrent terms (120 months and 16 months).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mutual mistake about criminal history constitutes good cause to withdraw plea. | Freeman: mutual mistake and misrepresentation support withdrawal. | State: mutual mistake alone does not prove good cause. | Abuse of discretion; remove constraint; remand to apply proper factors. |
| Whether lack of notice of maximum penalties before plea undermines voluntariness. | Freeman: failure to inform maximum penalty negates voluntariness. | State: not dispositive to withdrawal; other factors prevail. | Remand to assess under proper standard; consider maximum-penalty omission within Edgar framework. |
| Whether the district court properly applied Edgar factors in evaluating good cause. | Freeman: district court failed to conduct Edgar analysis before ruling. | State: no grounds to withdraw; proper discretion exercised. | District court abused discretion by not applying Edgar factors; judgment reversed and remanded. |
Key Cases Cited
- State v. Schow, 287 Kan. 529, 197 P.3d 825 (2008) (mutual mistake about CHS can be considered under good-cause analysis)
- State v. Aguilar, 290 Kan. 506, 231 P.3d 563 (2010) (Edgar factors guide but do not limit consideration of good cause)
- State v. Anderson, 291 Kan. 849, 249 P.3d 425 (2011) (Edgar factors applicable to plea withdrawal analysis)
- State v. McCaslin, 291 Kan. 697, 245 P.3d 1030 (2011) (mutual mistake argument preserved for review)
- State v. Edgar, 281 Kan. 30, 127 P.3d 986 (2006) (establishes Edgar factors for good cause to withdraw plea)