Gwin v. State

On Remand from the Alabama Supreme Court

McMILLAN, Presiding Judge.

The Alabama Supreme Court, in Gwin v. State, 808 So.2d 65 (Ala.2001), reinstated the circuit court’s judgment of conviction and sentence. We now address the appellant’s remaining claims — that his guilty plea was improperly accepted by the trial court, because the record does not contain a colloquy and because the trial court failed to determine that a factual basis for the plea existed. Specifically, he argues that the trial court did not comply with the requirements set out in Rule 14.4, Ala. R.Crim.P., and because he was not…