State v. Ruiz
Annotate this CaseWolfgango Ruiz pled guilty to one count of attempted sexual abuse of a child, a third degree felony. Prior to his sentencing, Ruiz made a request to withdraw his plea on the ground that his original defense counsel had not informed him of the immigration consequences of a felony conviction. District Court Judge Fuchs initially granted Ruiz's motion, but upon a motion to reconsider, Judge Skanchy reversed the order that permitted Ruiz to withdraw his plea. The court of appeals reversed Judge Skanchy's ruling and reinstated Judge Fuch's order based on Judge Skanchy's failure to state the basis for his ruling on the record and the principal that motions to withdraw guilty pleas should be liberally granted. The Supreme Court reversed, holding (1) the court of appeals err in vacating Judge Skanchy's ruling because the basis for the ruling was apparent on the record; and (2) recent amendments to the Plea Withdrawal Statute superseded prior case law stating that presentence motions to withdraw guilty pleas should be liberally granted. Remanded.
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