Burden v. State

The opinion of the court was delivered by The case comes to us on a Petition for Review from the Court of Appeals. That court affirmed the order of the Labette District Court denying the motion of Stephen R. Burden under K.S.A. 60-1507 to set aside a judgment and sentence entered on a plea of guilty. The motion is based on refusal of the trial court to permit defendant to withdraw his plea of guilty prior to sentencing. The facts of the present case differ from our previous cases where the requests to withdraw the pleas of guilty were made after sentence. In the present case the motion to withdraw the guilty plea was made after a presentence report was obtained but before sentence was adjudged. In view of our present statute, K.S.A. 1978 Supp. 21-4604, which makes presentence reports mandatory in felony cases, this court felt compelled to examine the question of when the withdrawal of a plea of guilty should be permitted on motion made prior to sentence.