State v. Doherty

ZASTROW, Justice.

This is an appeal by defendant from the judgment and sentence based upon a plea of guilty entered by the defendant to the charge of rape. The defendant alleges that the trial court abused its discretion in refusing to allow the defendant to withdraw the plea of guilty before the sentencing. We reverse.

The defendant was charged with rape allegedly perpetrated on July 18, 1976. On July 27, 1976, after a preliminary hearing, he was arraigned upon the state’s informa-tions — one charging him with rape, another charging him with an unrelated burglary. The defendant pleaded not…