Goebel v. State

SHARP, W., J.,

concurring in part and dissenting in part.

I agree this cause should be remanded to the trial court in order to permit Goebel to move to withdraw his plea.1 However, I disagree that the trial court, after the plea has been withdrawn, should be required to make findings that Goebel’s counsel was incompetent, or that his incompetence was prejudicial to the interlocutory appeal.

In my view, the complete failure of Goe-bel’s attorney to represent him in the state’s interlocutory appeal of the suppression ruling in Goebel’s favor by not filing a brief or motion or informing Goebel…