P. v. McNabb
Defendant pled guilty to two counts of forcibly raping his minor daughter in exchange for a stipulated 16 year prison sentence and dismissal of the remaining charges with a Harvey waiver. He was sentenced to 16 years in prison, consisting of the maximum term of eight years for each offense, to be served consecutively.
On appeal, after having obtained a certificate of probable cause, defendant claims the trial court abused its discretion in denying his motion to withdraw his plea because: (1) the court accepted his plea without (a) advising him of the privilege against self-incrimination or (b) asking him to admit, or the attorneys to stipulate to, a factual basis for the plea; and (2) he was under great duress when he entered his plea. He argues that [t]aken together, these circumstances demonstrate [his] guilty plea was not free and voluntary. Court conclude that the circumstances described by defendant, whether taken individually or together, fail to establish the trial court abused its discretion in denying his motion to withdraw his plea and, therefore, affirm the judgment.
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