Moon v. State

On original submission when this was still a five judge court appellant’s conviction was reversed and remanded because the trial court failed to sua sponte withdraw the appellant’s plea when the evidence reasonably and fairly raised an issue of fact as to the innocence of the appellant. It was undisputed that the evidence clearly raised the issue of self-defense. Now on rehearing before a nine judge court the majority grants the State’s motion for rehearing and affirms the conviction. In doing so, the majority relies upon the dissenting opinion on original submission and takes a well…