Ex Parte Hopson

During the course of determining whether the plea of guilty by applicant was made freely, voluntarily and intelligently, the trial judge inquired of him:

“Q. And have you discussed also with [your attorney] Mr. Holbrook and has he explained to you that the court, in return for your plea, is not going to find that there was a deadly weapon used in either one of these cases?” 1

A. Yes, sir.

Q. So that you will be given the benefit of that ommission [sic] in crediting your time served in the penitentiary; do you understand that?

A. Yes, sir.”

Nevertheless, as the opinion of the Court points out, the…