Stockton v. State

SMITH, Presiding Judge.

In this out-of-time appeal, Antonio Stockton appeals from the trial court’s order denying his motion to withdraw his plea of guilty to armed robbery and theft by taking. He contends that he received ineffective assistance of counsel because his lawyer failed to investi gate his mental competence before he pled guilty. Before denying his motion, the trial court did not conduct an evidentiary hearing to determine whether Stockton’s plea was rendered involuntary because of ineffective assistance of counsel. We therefore vacate the trial court’s order denying the motion to…