State v. Lindsey

CAMPBELL, Judge.

The sole question presented on appeal is whether the defendant’s guilty plea was entered voluntarily.

The defendant contends that the record on appeal is silent as to the voluntariness of defendant’s plea of guilty and that the defendant is entitled to a new trial where the record does not reveal that the plea was voluntarily entered. We agree that a plea of guilty must be vacated where the record does not show affirmatively that the plea was voluntarily entered. State v. Harris, 10 N.C. App. 553, 180 S.E. 2d 29 (1971). Boykin v. Alabama, 395 U.S. 238, 23 L.Ed. 2d 274, 89 S.Ct.…