Rhode v. State

LOWDERMILK, Presiding Judge.

STATEMENT OF THE CASE

Defendant-appellant John E. Rhode (Rhode) brings this appeal arguing that the trial court erred in denying his motion to withdraw his plea of guilty.

FACTS

Rhode was charged with criminal trespass and attempted voluntary manslaughter. Pursuant to a plea agreement, Rhode entered a plea of guilty to the charge of attempted reckless homicide. Before sentencing, Rhode filed his motion to withdraw his plea. He asserted, inter alia, that attempted reckless homicide is a non-existent crime.

ISSUE

We need consider only one issue in reviewing this case:…