Emert v. State

Dissenting Opinion

Prentice, J.

I dissent and would grant transfer but would reverse-the trial court, as did the Court of Appeals, and direct that the guilty plea and conviction be vacated.

The record in this case merely discloses only that at some time prior to arraignment Emert’s counsel had read a written form to him which contained an explanation of the constitutional rights which would be waived upon the plea of guilty, that Emert had signed such form and that, at arraignment, the trial judge asked him only if he understood the same, and he answered that he did. The most this record can…