State v. Dockery

OPINION

KLEINSCHMIDT, Judge.

In this appeal, the defendant, Timothy Dockery, argues that the trial court abused its discretion in denying his motion to withdraw the guilty plea he entered pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). The basis for the defendant’s request is that after entering his plea, but before sentencing, he discovered that he would probably die from acquired immune deficiency syndrome (AIDS) before his sentence was served. We hold that the trial court should have allowed the defendant to withdraw his plea.

The defendant was…