Withdrawal
Section 46-16-105(2), MCA, permits withdrawal of a plea of guilty if good cause is shown. The ultimate test of whether good cause is shown to withdraw a guilty plea is whether it was voluntary. However, numerous case-specific considerations may bear on the question of whether good cause is shown to withdraw a guilty plea including an inadequate colloquy, newly discovered evidence, intervening circumstances or any other reason for withdrawing a guilty plea that did not exist when the defendant pleaded guilty. State v. Robinson, 2009 MT 170, ¶ 11, 350 Mont. 493, 208 P.3d 851.
This Court reviews a denial of a motion to withdraw a guilty plea de novo because whether a plea was entered voluntarily is a mixed question of law and fact. State v. Valdez-Mendoza, 2011 MT 214, ¶ 12, 361 Mont. 503, 260 P.3d 151.
This Court reviews de novo a defendant's motion to withdraw a guilty plea. State v. Andrews, 2010 MT 154, ¶ 11, 357 Mont. 52, 236 P.3d 574.
To determine whether a defendant entered a plea voluntarily, and further, whether the district court erred in denying a defendant's motion to withdraw a plea, we may examine case specific considerations, including the adequacy of the district court's interrogation and whether there was a dismissal of another charge via plea bargain. State v. Muhammad, 2005 MT 234, ¶ 14, 328 Mont. 397, 121 P.3d 521.
NOTE: Cases identifying the standard of review for motion to withdraw a guilty plea as "abuse of discretion" were overruled by State v. Lone Elk, 2005 MT 56, ¶ 19, 326 Mont. 214, 108 P.3d 500, and as clarified in State v. Warclub, 2005 MT 149, ¶¶ 17-23, 327 Mont. 352, 114 P.3d 254. The majority of the "abuse of discretion" cases do not include a Shepard's signal indicating this.