Ex Parte Heaton

This case arises out of the prosecution of the defendant, Phillip Heaton, for the sale of marijuana, in violation of Code 1975, § 20-2-70. On September 4, 1987, the defendant withdrew a prior plea of "not guilty" and entered a plea of "guilty" to the charge. The Baldwin County Circuit Court sentenced the defendant to 42 months in the state penitentiary and ordered him to pay a fine of $1,000 and to pay $500 to the Crime Victims Compensation Fund and court costs. After being sentenced, the defendant filed a motion to withdraw his plea of guilty and requested a new trial. The grounds asserted…