Submitted: November 5, 2013
David H. Holloway, Esquire Deputy Attorney General Delaware Department of Justice 820 North French Street Wilmington, Delaware 19801 Attorney for the State
Francis E. Farren, Esquire Law Offices of Francis E. Farren, Esq., P.A. 24 Prestbury Square Newark, Delaware 19713-2609 Attorney for Defendant
Defendant Christopher Shweda ("Defendant") moves to withdraw his plea of guilty to Drug Dealing (3 counts), Conspiracy to Commit Racketeering, and Promoting Prison Contraband, asserting that he is "innocent of all charges."Defendant's sentencing has been postponed while awaiting disposition of this Motion. Defendant has not clearly and convincingly demonstrated a "fair and just reason" to permit withdrawal of his plea. Therefore, Defendant's Motion is DENIED.
I. FACTUAL AND PROCEDURAL HISTORY
Defendant was indicted on May 7, 2012, September 10, 2012, and February 4, 2013 on three separate and distinct sets of charges, including, among others, Drug Dealing, Illegal Possession of a Controlled Substance, Possession of Drug Paraphernalia, Racketeering, Conspiracy, and Promoting Prison Contraband.
On March 4, 2013, Defendant pled guilty to three counts of Drug Dealing, one count Conspiracy to Commit Racketeering, and one count Promoting Prison
Contraband. Sentencing for these counts has yet to be scheduled.
The Court conducted a plea colloquy that covered the executed plea agreement, executed Truth in Sentencing form, and any potential conflicts with Defendant's counsel. During the colloquy, Defendant showed no signs of wavering and appropriately answered each question. In pertinent part, the plea proceeding and colloquy proceeded as follows:
Court: Do you believe you are knowingly, voluntarily, and intelligently entering a plea of guilty to these charges?
Defendant: Yes, you Honor.
Court: Do you understand what's being done today is final? You'll not be able to come back at some later time and ...