Drake v. State

By opinion delivered September 3, 2008, we affirmed the denial of appellant’s motion to withdraw his guilty plea, holding that the trial court implicitly accepted his guilty plea. Appellant now seeks rehearing of our decision, asserting that the court erred in holding that the trial court accepted his guilty plea. I agree that we erred as a matter of law in holding that a trial court could implicidy accept a guilty plea, thereby foreclosing a defendant’s ability to withdraw a guilty plea as a matter of right. Accordingly, I would grant appellant’s petition for rehearing, reverse the denial of…