Smith's Criminal Case Compendium
Table of Contents
State v. Shropshire, 210 N.C. App. 478 (Mar. 15, 2011)
The trial court did not err by denying the defendant’s post-sentencing motion to withdraw a plea without an evidentiary hearing. The defendant’s motion was a motion for appropriate relief. Evidentiary hearings are required on such motions only to resolve issues of fact. In this case, no issue of fact was presented. The defendant’s statement that he did not understand the trial court’s decision to run the sentences consecutively did not raise any factual issue given that he had already stated that he accepted and understood the plea agreement and its term that “the court will determine whether the sentences will be served concurrently or consecutively.” Furthermore, nothing in the record indicates that the defendant’s plea was not the product of free and intelligent choice. Rather, it appears that his only reason for moving to withdraw was his dissatisfaction with his sentence.