State v. London

I disagree with the views expressed in the majority opinion. In my view, this matter *969should be remanded for an evidentiary hearing.

The record in this case reflects that this matter comes to us by virtue of a granting by the district court of an application for post-conviction relief which granted defendant an out-of-time appeal. However, the record does not disclose all of the evidence necessary to address appellant’s complaint.

The defendant’s plea may have been involuntarily entered if his allegations are true; however, there is an unresolved factual issue as to whether or not the district…