Barnes v. State

Carley, Judge.

Appellant was indicted for burglary. Thereafter, appellant pled guilty and received a ten-year sentence. He appeals, enumerating as error the trial court’s refusal to allow the withdrawal of the guilty plea.

1. Appellant’s notice of appeal was filed within thirty days of the date that the judgment of conviction and sentence were entered on the guilty plea. The State urges, however, that appellant’s appeal must be dismissed. “It has been held that a motion for new trial can not be employed as a means of withdrawing a guilty plea; nor can there be an appeal from a judgment entered…