State v. Fox

HOLOHAN, Justice.

The defendant, Francis W. Fox, pled guilty to second degree murder for which he was sentenced to confinement for a term of 14 to 18 years. He filed a timely appeal.

The appellant has attacked the legal sufficiency of the plea in the following respects :

1. An intelligent plea was not entered because a) the appellant misunderstood the plea bargain, b) appellant may have been misled by counsel and c) appellant was not advised of his right to remain silent.

2. Appellant was not allowed to withdraw his guilty plea under the plea bargain where psychiatric testing showed a possible…