State v. Barber

The defendant, Marley Barber, pleaded guilty to attempted murder, La.R.S., 14:-27 and 14:30, subsequent thereto he attempted to withdraw his plea. However, the trial court denied his request. The accused reserved and perfected one bill of exceptions, alleging the trial judge erred by refusing to permit him to withdraw his plea. He was sentenced to ten years in the penitentiary and now appeals.

Whether the defendant should have been permitted to withdraw his plea of guilty and enter a plea of not guilty rested within the trial court’s sound discretion. La.C.Cr.P. art. 559; State v. Johnson, 260…