State v. Abernathy

MAUS, Judge.

The defendant, Ricky Joe Abernathy, pursuant to a plea bargain, pled guilty to a charge of driving while intoxicated, third offense. A presentence investigation was ordered. Before sentencing the defendant filed a motion to withdraw his plea. The motion was denied. He was sentenced to imprisonment for two years. He appeals from the denial of his motion to withdraw his plea.

The defendant’s point on appeal is that the trial court erred in denying that motion because for two reasons his plea was not “intelligently and understandingly entered.”

The principles of appellate review of a…