rule 32:
Crim. P. 32(d).
One does not have an absolute right to withdraw a plea of guilty. People v. Riley, 187 Colo. 262, 265, 529 P.2d 1312, 1313 (1975); Maes v. People, 155 Colo. 570, 574, 396 P.2d 457, 459 (1964).
To warrant the withdrawal of a guilty plea, a defendant has the burden of establishing a “fair and just reason” for the withdrawal, People v. Chippewa, 751 P.2d 607, 609 (Colo.1988),
and there must be a showing that justice will be subverted by denying the motion, Maes, 155 Colo. at 575, 396 P.2d at 459.
Such a showing includes instances where a defendant was surprised or influenced into a plea of guilty to which the person had a defense; where a plea of guilty was entered by mistake or under a misconception of the nature of the charge; where such plea was entered through fear, fraud, or official misrepresentation; where it was made involuntarily; or where ineffective assistance of counsel occurred in the process. Chippewa, 751 P.2d at 609; People v. Pozo, 746 P.2d 523, 525–26 (Colo.1987); see also Padilla v. Kentucky, ––– U.S. ––––, 130 S.Ct. 1473, 1478 (2010).
¶ 15
The trial court has discretion to determine whether a defendant has established a fair and just reason for withdrawal, and we will not overturn denial of a motion to withdraw a guilty plea absent an abuse of that discretion. Crumb v. People, 230 P.3d 726, 730, 733 (Colo.2010) (finding that a court should consider a non-exclusive list of factors, including whether the prosecution would be prejudiced by the withdrawal of the guilty plea, whether the defendant promptly moved to withdraw the guilty plea, and whether the defendant has shown that justice will be subverted if the motion is denied); People v. Gutierrez, 622 P.2d 547, 559 (Colo.1981).
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