A In State v. Stai, 335 N.W.2d 798, 801 (N.D. 1983), we said that "a defendant may not withdraw a guilty plea entered in reliance on h[er] counsel's `bad advice' when the advice given is within the range of competence required of attorneys representing defendants in criminal cases." The district court found that Paulette failed to produce any evidence "which would indicate that [her] counsel provided ineffective assistance to [her] in negotiating [her] plea of guilty."
Moreover, a trial court's decision on a motion under Rule 32(d) will be disturbed only if the court has abused its discretion. United States v. Roberts, 570 F.2d 999 (D.C. Cir. 1977), aff'd, 445 U.S. 552, 100 S.Ct. 1358, 63 L.Ed.2d 622 (1980); United States v. Pellerito, supra; United States v. Huff, 873 F.2d 709 (3d Cir. 1989); United States v. Triplett, 828 F.2d 1195 (6th Cir. 1987); United States v. Boone, supra; Barker v. United States, 579 F.2d 1219 (10th Cir. 1978); Gooding v. United States, 529 A.2d 301 (D.C.App. 1987); People v. Kokoraleis, 193 Ill. App.3d 684, 140 Ill.Dec. 482, 549 N.E.2d 1354 (1990); People v. Hundley, 181 Mich. App. 137, 449 N.W.2d 121 (1989); State v. Robinson, 388 N.W.2d 43 (Minn.App. 1986); State v. Stai, 335 N.W.2d 798 (N.D. 1983); Commonwealth v. Anthony, 504 Pa. 551, 475 A.2d 1303 (1984). A. Defendant's Declaration of Innocence
The defendant has the burden of proving a manifest injustice or a fair and just reason supporting withdrawal of the plea. State v. Stai, 335 N.W.2d 798, 800 (N.D. 1983). We will reverse the trial court's denial of the motion only upon a showing that the court abused its discretion.
" Although we have previously discussed the application of the rule, see State v. Stai, 335 N.W.2d 798 (N.D. 1983); State v. Hagemann, 326 N.W.2d 861 (N.D. 1982); State v. DeCoteau, 325 N.W.2d 187 (N.D. 1982); State v. Werre, 325 N.W.2d 172 (N.D. 1982); State v. Mortrud, 312 N.W.2d 354 (N.D. 1981); State v. Gustafson, 278 N.W.2d 358 (N.D. 1979); we have not been presented with a case involving an attempt to withdraw a guilty plea before it has been accepted by the court. The parties have not cited, nor have we been able to find, any reported decision with a similar fact situation.