Lacy v. People

I agree with the majority’s finding that the defendant has made a prima facie showing of the constitutional invalidity of his 1976 guilty plea. I write separately, *10however, because I disagree with the majority’s conclusion that Lacy made a prima facie showing that he lacked an understanding of the nature and critical elements of second degree assault when he entered a guilty plea in 1980. I therefore dissent to Part III.A., and concur in the remainder of the majority opinion.

Lacy was represented by counsel at the providency hearing. The majority notes that Lacy’s counsel had been provided…