Allred v. State

On Rehearing

Landis, J.

On petition for rehearing appellee (the State) contends our opinion1 reversing the judgment and directing the lower court to reopen the issues on appellant’s motion to vacate and withdraw his guilty plea, was erroneous and incongruous.

Appellee states that it agrees with the following statement in our opinion, viz:

“ ... if there is a conflict in the evidence [upon appellant’s motion to vacate judgment and withdraw the plea], and there is substantial evidence indicating appellant was fully advised of his rights, that his plea of guilty was freely and understandingly…