Ex Parte Otinger

We granted certiorari in this case to consider whether the petitioner was entitled to withdraw his guilty pleas.

The petition and the attached Rule 39 (k), Ala.R.App.P., statement of facts indicate, and the record confirms, that the petitioner was indicted in Etowah County on two counts of assault in the first degree and one count of assault in the second degree. He pleaded guilty to all three charges in the Circuit Court of Etowah County.

Roy McCord, counsel for the petitioner at the time the pleas were entered, testified that it is the practice of the district attorney's office in Etowah…