Nelson v. State

On February 11, 2002, Gerald Ladon Nelson entered a guilty plea pursuant to a plea agreement with the State to first-degree rape, a violation of § 13A-6-61, Ala. Code 1975. After accepting his guilty plea, the trial court sentenced Nelson to 15 years' imprisonment and scheduled a probation hearing for April 4, 2002. On February 26, 2002, Nelson moved to withdraw his guilty plea, making the following arguments:

"1. [Nelson] pleaded guilty based on a recommendation from the State that he would be placed on probation.

"2. The Court has not abided by this agreement and placed him on probation…