People v. Carmichael

Defendant appeals from the denial of his post-conviction petition alleging that his plea of guilty to assault was involuntary in that it was induced by an unfulfilled promise of leniency made by his attorney. The issue presented for our review is whether the trial court erred in dismissing the petition for post-conviction relief without an evidentiary hearing. The State alleges that the trial judge conducted such a hearing.

On October 10, 1969, James Carmichael was placed on probation for five years by the Honorable Felix M. Buoscio pursuant to. a guilty plea to indecent liberties with a…