People v. Lowry CA4/1

discussion in which Lowry acknowledged his testimony was the only evidence in favor

of his innocence. Lowry indicated he understood he would need to testify to establish

self-defense, but if he did so, his testimony would enable the prosecution to introduce

evidence of his prior convictions, which could influence the jury's perception of him.

Lowry's attorney also reminded him there was a witness who would testify seeing Lowry

with the officer's baton. Lowry ultimately decided to enter his plea. The court denied the

Marsden motion, finding Lowry's attorney was competent.

Lowry then entered his plea and denied under oath taking any medications that

would affect his ability to knowingly enter the plea. Lowry, through his attorney,

stipulated to the preliminary hearing transcript, in which the officer testified Lowry

assaulted him, to establish the factual basis for his plea. The court and Lowry then

discussed postponement of sentencing to allow him to see his mother, who was

travelling.

C. Motion to Withdraw Guilty Plea

Before sentencing, the court allowed Lowry to bring a motion to withdraw his

guilty plea. The court also relieved Lowry's…