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Ecker v. State

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eBook details

  • Title: Ecker v. State
  • Author : Supreme Court of Wyoming
  • Release Date : January 04, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 47 KB

Description

The defendant-appellant complains of the denial of his motion, made at the time set by the trial court for sentencing, to withdraw his plea of guilty. He claims he was promised probation and dismissal by the county attorney of one count of a two-count information if he pled guilty to the other count. His reason for his motion to withdraw his plea of guilty was that he was apprehensive about whether he would in fact receive probation. The trial judge extensively advised the defendant of his constitutional rights at an initial arraignment when defendant entered pleas of not guilty to both counts and again at the time of the change of plea. At the time of his plea change, the court advised the defendant at great length that the court was not a party to any discussions between the prosecutor and defense counsel and personally interrogated the defendant in several different ways whether or not he had been promised leniency or his plea had been coerced, to which he repeatedly responded in the negative. The defendants explanation for not disclosing the promise of probation at this time was that he was fearful if the promise was disclosed, probation would surely not then be granted.


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