State v. Crenshaw, supra; 308-309 [ 210 Conn. 304, 554 A.2d 1074 (1989)]; Szarwak v. Warden, 167 Conn. 10, 23, 355 A.2d 49 (1974)." State v. Morant, 20 Conn. App. 630 633, 569 A.2d 1140 (1990). The record reveals that on September 29, 1989, the original sentencing date, the defendant gave the following reasons for withdrawing his plea: (1) surprise at the plea agreement, (2) "plenty of promises which never happened," and (3) intimidation, purportedly by his own counsel.
Decided June 29, 1990 The defendant's petition for certification for appeal from the Appellate Court, 20 Conn. App. 630, is denied. Brian M. O `Connell, in support of the petition.
(Citations omitted.) State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140, cert. denied, 215 Conn. 818, 576 A.2d 547 (1990).Practice Book ? 39-27 provides: "The grounds for allowing the defendant to withdraw his or her plea of guilty after acceptance are as follows:
(Internal quotation marks omitted.) State v. Gundel, 56 Conn. App. 805, 812, 746 A.2d 204, cert. denied, 253 Conn. 906, 753 A.2d 941 (2000); State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140, cert. denied, 215 Conn. 818, 576 A.2d 547 (1990). "In determining whether the trial court [has] abused its discretion, this court must make every reasonable presumption in favor of [the correctness of] its action.
State v. Crenshaw, [ 210 Conn. 304, 308-309, 554 A.2d 1074 (1989)]; Szarwak v. Warden, 167 Conn. 10, 23, 355 A.2d 49 (1974)." State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140, cert. denied, 215 Conn. 818, 576 A.2d 547 (1990). "It is axiomatic that unless a plea of guilty is made knowingly and voluntarily, it has been obtained in violation of due process and is therefore voidable.
State v. Crenshaw, [ 210 Conn. 304, 308-309, 554 A.2d 1074 (1989)]; Szarwak v. Warden, 167 Conn. 10, 23, 355 A.2d 49 (1974)." State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140, cert. denied, 215 Conn. 818, 576 A.2d 547 (1990). "It is axiomatic that unless a plea of guilty is made knowingly and voluntarily, it has been obtained in violation of due process and is therefore voidable.
"Where the record of the plea proceeding and other information in the court file conclusively establish that the motion is without merit, the trial court may dispose of the motion without holding an evidentiary hearing. State v. Torres, 182 Conn. 176, 185, 438 A.2d 46 (1980), citing Fontaine v. United States, 411 U.S. 213, 215, 93 S.Ct. 1461, 36 L.Ed.2d 169 (1973); see also State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140 [cert. denied, 215 Conn. 818, 576 A.2d 547] (1990)." State v. Safford, supra, 22 Conn. App. 534-35.
A trial court's decision to deny a motion to withdraw a plea is reversible only on a showing of a clear abuse of discretion. State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140, cert. denied, 215 Conn. 818, 576 A.2d 547 (1990); State v. Rish, supra, 451. "An evidentiary hearing is not required if the record of the plea proceeding and other information in the court file conclusively establishes that the motion is without merit . . . .
We are, therefore, obliged to review it. After a guilty plea is accepted but before the imposition of sentence, the court is obligated to permit withdrawal upon proof of one of the grounds in Practice Book 721. Where the record of the plea proceeding and other information in the court file conclusively establish that the motion is without merit, the trial court may dispose of the motion without holding an evidentiary hearing. State v. Torres, 182 Conn. 176, 185, 438 A.2d 46 (1980), citing Fontaine v. United States, 411 U.S. 213, 215, 93 S.Ct. 1461, 36 L.Ed.2d 169 (1973); see also State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140 (1990). if, however, any specific allegations of fact, taken as true, furnish a basis for withdrawal of the plea under 721 and are not conclusively refuted by the record of the plea proceedings and other information contained in the court file, an evidentiary hearing is required.
The petitioner has failed to show that the administration of these medications clouded his judgment so as to cause a miscarriage of justice. See id., 1000; Bowers v. Warden, supra, 441; see also State v. Morant, 20 Conn. App. 630, 633, 569 A.2d 1140 (1990).