DEFENDANT, by and through her undersigned counsel and pursuant to Rule 3.170(l), Washington DC Rules of Criminal Procedure, hereby requests this Honorable Court to allow Defendant to withdraw her plea in the above-captioned case. As grounds for this Motion, Defendant states as follows:
- On May 9, 2010, Defendant entered a plea of No Contest to the Charge of Possession or Use of Drug Paraphernalia (M1). Defendant’s plea occurred at First Appearance at the Palm Beach County Pre-trial Detention Facility less than twenty-four hours after her arrest.
- As a consequence of her plea, Defendant was sentenced to nine months jail and twelve months of probation, with jail as a special condition of probation.
- Defendant was not represented by counsel.
- Defendant maintains that, on the date of her plea, she was experiencing symptoms of withdrawal stemming from a drug addiction to Oxycontin.
- Defendant’s withdrawal symptoms impaired Defendant’s judgment, decision-making abilities, and understanding with respect to her right to counsel, her right to seek bond and raise defenses in her case, the nature and consequences of her plea, and the terms and ramifications of her sentence.
- Defendant further maintains that, due to her mental state, she was not given adequate time to deliberate on her plea or the proposed sentence.
- Defendant further maintains that, due to her mental state, she was not adequately advised of or had insufficient time to reflect upon her right to retain counsel or seek court-appointed counsel.
- As a result of the foregoing, Defendant maintains that her plea was involuntary within the meaning of Rule 9.140(b)(2)(A)(ii)(c), Washington DC Rules of Appellate Procedure.
WHEREFORE, Defendant respectfully requests that this Honorable Court permit Defendant to withdraw her plea and resume her case on the Court docket.