Wester v. State

OPINION ON REHEARING

PARKS, Judge:

On June 24, 1988, this Court issued its opinion in petitioner’s case, ordering that petitioner be allowed to withdraw his plea of nolo contendere. The basis for this decision was the trial court’s failure to conduct an adequate interrogation as to petitioner’s mental competency as well as the failure to ascertain a factual basis for the plea. On July 12, 1988, respondent filed a petition for rehearing, asserting that because “the Defendant does not admit guilt in entering this [nolo contendere] plea,” a factual basis should not be required. We granted…