Smith v. State

OPINION

BROOK, Judge

Case Summary

Appellant-defendant Tony Lee Smith (“Smith”) appeals from his convictions and sentence for nonsupport of a dependent child entered pursuant to a plea agreement. We reverse and remand.

Issues

Smith presents several issues for our review, one of which we find dispositive: whether the trial court erred when it denied Smith’s motion to withdraw his guilty plea prior to sentencing.

Facts and Procedural History

On February 12,1997, the State charged Smith with four counts of nonsupport of a dependent child as Class D felonies. 1 The State alleged that from April 15, 1992…