State v. Carr

OPINION

KRUCKER, Judge.

This matter is before the court on a motion for rehearing of our supplemental memorandum decision of September 19, 1974. Upon reconsideration, we reverse our prior decision and order that the plea of appellant be set aside. The trial court is directed to proceed to take a new plea pursuant to the directions subsequently set forth.

Appellant entered a guilty plea on December 13, 1973, pursuant to a plea bargain agreement. On appeal he challenged his plea on the grounds that the trial court failed to advise him that, by so pleading, he waived his constitutional privilege…