State v. Johnson

LeGRAND, Justice.

Defendant asserts his guilty plea was defective because the trial court failed to ascertain, first, that he understood the penal consequences thereof and, next, that there was a factual basis for it. We conclude there is merit in defendant’s argument and, accordingly, the judgment must be set aside.

When defendant entered his plea, the following colloquy took place:

“THE COURT: The charge seems to be that on or about the 18th day of December you cashed a check at Target South of $148.81, which is a forgery.

“MR. JOHNSON: Yes, sir.

“THE COURT: Are you pleading guilty to that?

“MR.…