Carter v. Johnson

BENHAM, Justice.

During his 1996 trial for possession of cocaine with the intent to distribute and possession of a firearm by a convicted felon, Andrew D. Carter changed his pleas to guilty. He was represented by retained counsel during trial and at the time he entered his guilty pleas. After sentencing, Carter timely filed a motion to withdraw his guilty pleas. At the hearing on the motion, he was not represented by counsel and was not informed by the trial court of his right to have counsel present. Carter did not waive his right to have counsel present at the hearing. After Carter testified…