Hewitt v. State

SHIELDS, Judge.

Charles Hewitt, appellant, seeks review of the trial court’s denial of his Verified Motion to Withdraw Plea. 1

Hewitt was charged by information filed July 14, 1976 with the offense of Assault and Battery with Intent to Kill. 2 January 6,1978 a Plea Recommendation Agreement, signed by a Deputy Prosecuting Attorney, Hewitt, and his counsel, was filed. It provided Hewitt would plea guilty to the charged offense and the State would move to dismiss a charge of Assault and Battery with Intent to Kill pending in another separate cause. The agreement concluded with the statement:

“That…