Summary
holding that a refusal to permit the withdrawal of a guilty plea in light of misrepresentations about lost evidence “constituted a manifest injustice” justifying withdrawal of the plea
Summary of this case from Hollander v. State (Ex parte Hollander)Opinion
1910425.
July 31, 1992.
Petition for writ for Certiorari to the Court of Criminal Appeals (CR 90-1028). Appeal from the Dallas Circuit Court, No. CC-89-511.
P.V. Russell of McCormick Russell and Blanchard L. McLeod, Jr., Selma, for petitioner.
James H. Evans, Atty. Gen., and Norbert H. Williams, Asst. Atty. Gen., for respondent.
In light of the prosecution's misrepresentations regarding the lost evidence, we conclude that the denial of the defendant's motion to set aside his guilty plea constituted a manifest injustice. See Rule 14.4(e), Alabama Rules of Criminal Procedure. The judgment of the Court of Criminal Appeals is hereby reversed and the case is remanded with instructions that the defendant be allowed to withdraw his guilty plea.
REVERSED AND REMANDED.
HORNSBY, C.J., and SHORES, HOUSTON and INGRAM, JJ., concur.