Franks v. State

George Rose Smith, Justice.

This is a postconviction proceeding under Criminal Procedure Rule 37. In 1982 the appellant, Jerry Ray Franks, was charged with three counts of burglary and three counts of theft, plus a charge that he was an habitual criminal with three prior felony convictions. The trial began on January 20, 1983. During the testimony of the State’s first witness Franks told his attorney that he desired to withdraw his claim of innocence and enter a plea of guilty.

The trial judge excused the jury and determined, after having fully complied with Criminal Procedure Rule 24, that the…