State of Rhode Island v. Dantzler, 83-2900 (1995)

DECISION

This singular issue before this Court is the defendant's motions to withdraw his plea of nolo contendere before Mr. Justice Orton (retired) on May 21, 1986 and before me on May 25, 1988 for which the defendant was sentenced by Justice Orton to serve a 25 year sentence, 13 of which suspended with 13 years probation and for which he was sentenced by me to serve 25 years with 7 years of said sentence suspended with 7 years probation.

The defendant has established that both Justice Orton and I advised the defendant that the period of probation would commence upon his release. Since the…