Rotroff
People v. Rotroff
Opinion
Lead Opinion
Nelson, J.
In two separate cases combined for plea bargain, the defendant pleaded nolo contendere to ten felonies committed between March 15 and November 28, 1978. In exchange for this plea, seven additional counts were dismissed and allegations of two prior convictions were stricken. Defendant’s motion to withdraw his plea was granted as to two counts and denied as to the remainder. Defendant appeals upon the grounds that the trial court abused its discretion in denying the motion in that the defendant had established good cause to permit withdrawal of his plea, and the record shows that the furtherance of justice requires reversal for trial on the merits.
*798 We find that it was not error to permit the defendant to withdraw his plea to two counts and to uphold the plea bargain on the remaining counts.
Events Preceding Judgment
On January 2, 1979, defendant was arraigned upon an information alleging 14 felony counts. Count I alleged burglary of the Luberacki residence on March 13, 1978, and count II alleged the attempted kidnaping of an occupant, Kristine Luberacki. Count HI alleged forcible rape upon one W. C. on July 20, 1978, and count IV alleged burglary of the victim’s…