State v. Abeyta

Defendant Rick B. Abeyta appeals from the trial court’s dismissal of his motion to withdraw his guilty plea. We vacate the order of dismissal and remand the case for further proceedings.

*994In March of 1988, Abeyta pleaded guilty to aggravated robbery in exchange for the State’s promise to drop two other charges against him. Abeyta signed an affidavit and appeared with counsel to change his plea from not guilty to guilty. The trial court asked Abeyta if he had had an opportunity to go over the affidavit and if he understood its contents. The court said that a plea of guilty meant that Abeyta…