MOTION TO WITHDRAW PLEA OF GUILTY I pled guilty to the following criminal offense(s) Felony corporal punishment on a child __ My guilty plea(s) was/were entered on (date) January 17th, 2013, Judgment on these offenses was entered on (date) January 17in, 2013. I received the following sentence: Formal probation; RSO work release: _ Child abuse classes: 20 hours of community service; __ Check one: ( ) There was a plea agreement (XX) There was no plea agreement. If there was a plea agreement, identify the terms of the agreement: Check one: ( ) appealed to the California Supreme Court (X) did not appeal to the California Supreme Court Check one: () appealed to the U.S. Supreme Court (X) 1 did not appeal to the U.S. Supreme Court10. Explain why you should be allowed to withdraw your guilty plea. __Lwas under duress, Chuck Kish my legal counsel coerced myself and my mather ‘-Dr_ Elizabeth Plourde to come all the way down to the jail to convince me to plead —_ guilty to something | did not do__| witnessed a.murder in jailand.was in fearfor.my—— life if Lwere to stay in there any longer, Chuck Kish erroneously counseled me that if _ -Lplead guilty Lil have a chance on fighting for my children to. come home. | was also_ coerced by being able to get out of jail. where my life was in jeopardy for volunteering — to be a.witness for the murder in which Lwitnessed in the Robert Presley Detention — center in Riverside, CA. Itwas not brought to my attention the detrimental affect it _ would have on my ability to obtain my children to come home. They were detained under false allegations. and without the due process.of the law. Obstruction of justice __ Explain why you are innocent and how a fundamental miscarriage of justice would occur if the court does not review your motion (complete this paragraph only if you pled guilty on or after July 1, 2003, and you missed the one-year filing deadline): —The Riverside county DPSS-CPS made false allegations against me. They used__ unreasonable search and seizure by obtaining my children from school without my __ consent, knowledge. and without a warrant, on a mandated phone callin which does _ ‘not fall under imminent danger which is the California law in which to remove one’s __ children. My Fourteenth, Fourth, and Fifth Amendments were grossly violated repeatedly. _My son Justice Greene wil testify under oath that | did not cause the slight bruise under _ tis right eye. His younger brother Zander Greene punched in him in self defense, __11. Twas represented by the following attorneys: Attrial: Charles Kish. a At sentencing: Charles Kish On appeal: __Pro Se at Common Law. MEMORANDUM IN SUPPORT OF MOTION TO WITHDRAW PLEA OF GUILTY No set rule or standard exists under which a trial court addresses a request to withdraw a guilty plea; each case must be considered in light of its unique record.” State v. Enoch, 269 Mont. 8, 11, 887 P.24 175, 177 (1994), Because a criminal defendant waives numerous constitutional rights when pleading guilty, "it is a well settled legal principle that a guilty plea must be a voluntary, knowing, and intelligent choice among the alternative courses of action Sanders, 1999 MT 136, 414, 294 Mont. 539, 14, open to the defendant.” Stat: (1997) (citing State v. Radi, 250 Mont. 155, 159, 818 P.2d 1203, 1206 (1991)). Thus, prior to accepting a guilty plea, the trial court must satisfy the statutory requirements set forth in Mont. Code Ann. § 46-12-210 and 46-16-105, The trial court may permit the plea of guilty to be withdrawn, at any time before or after judgment, for good cause shown. Mont. Code Ann, § 46-16- 105(2001). Good cause may inchide discovery of new exculpatory evidence, an inadequate plea colloquy, or intervening circumstances that did not exist when thea guilty plea be entered voluntarily has long been a requirement in Montana. As far back as State ex rel. Foot v. District Court, 81 Mont. 495, 263 P. 979, 982 (1928), the Court emphasized that “[a] plea of guilty should be entirely voluntary, by one competent to know the consequences, and should not be induced by fear, persuasion, promise, or ignorance.” Wherefore, Petitioner prays that the Court grant relief to which he may be entitled in this proceeding DATED this _2ng day of June _ ____, 2018. (Signature of Petitioner) This is to certify that a true and correct copy of the foregoing Motion to Withdraw Plea of Guilty and Memorandum was handed to the Superior Court of Riverside County. Pro Se Plaintiff, Wendy Ann Greene ___ 43 Blackswan, Irvine, Ca 92604