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Nero v. State

The trial court did not abuse its discretion in denying the defendant's motion to withdraw her guilty plea to possession of a firearm during the commission of a crime, as the record supported the trial court's finding that the defendant entered the plea freely and voluntarily.

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Keoshamine Lydasia Nero pled guilty to armed robbery, burglary in the first degree, and possession of a firearm during the commission of a crime. After sentencing, Nero moved to withdraw her guilty plea. The trial court denied the motion. Nero now appeals the denial of her motion, contending that her guilty plea was not knowingly and voluntarily entered because she did not understand whether she was charged as a party to or a principal for possession of a firearm during the commission of a crime. For the following reasons, we affirm.

Nero’s indictment arose from an armed robbery of a victim in his home. Prior to the trial court accepting her plea of guilty, the State set forth the factual basis for the plea, including that Nero pretended to be sexually interested in the victim to gain entry to his home and, once inside, unlocked the door, allowing four men with a handgun to enter the victim’s bedroom, where they forced him into a closet, shot at him, and robbed him.

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