The Kansas Court of Appeals today vacated a Wyandotte County District Court decision in a meth case and sent it back for further consideration.
Coshawn D. Hamilton appealed his 2014 sentence for meth possession, arguing the district court erred by denying his motion to withdraw his plea prior to sentencing.
Hamilton was charged with possession of meth and possession of a controlled substance without a tax stamp, and eventually pleaded guilty to possession of meth in a plea agreement in which the state agreed to dismiss the second charge, according to court documents.
As part of his plea agreement, Hamilton agreed not to seek a downward departure on the sentence. The maximum penalty for his offense was 42 months imprisonment and a fine of $100,000.
The appeals court stated that Hamilton apparently wants to withdraw his plea to one charge so he can plead guilty to both counts, because he wanted to file an appeal for a downward departure. The court documents stated his criminal history is higher than he anticipated when he entered his plea. Apparently his lawyer at the time of trial was not aware of his juvenile history.
While the appeals court did not take a position on the merits of his motion to withdraw, the court decided to remand the cause because it could not find any mention of a “good cause” analysis in the record, according to court documents. It also did not find mention of any discussion of Edgar factors.
The appeals court stated it reversed and remanded the case so that the district court could consider whether Hamilton established good cause, and because of that, it did not need to address Hamilton’s Apprendi challenge.
Hamilton was represented by Corrine E. Gunning of the Kansas appellate defender office in this case.