A guilty plea will not be set aside merely because the accused later claims to have been advised to plead guilty, where the evidence establishes that the accused was thoroughly advised of options including trial, instructed plea negotiations, and entered the plea in open court with the opportunity to reconsider. Evidence known to the accused and in the possession of the accused's legal representative before the plea is entered cannot constitute 'fresh evidence' on appeal. An accused's admitted pattern of lying to police, courts, psychologists and probation officers will be taken into account in assessing the credibility of claims that the plea was improperly obtained.
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