Alderman v. State

Joe Alderman, the appellant, pleaded guilty to and was convicted of the offense of theft in the second degree. Three issues are raised in this appeal.

The appellant was originally indicted for the offense of theft in the first degree. On September 9, 1991, the case was called for trial and a jury was struck. After the jury was empaneled, but before opening statements and the presentation of any evidence, trial was recessed for lunch. When trial resumed, defense counsel notified the trial court, out of the presence of the jury, that the appellant wished to enter a guilty plea. The prosecutor…