Brock v. State

THOMAS, Justice.

Barry Brock (Brock) appeals from the denial of his motion to withdraw his pleas of guilty to one count of aggravated assault and battery, in violation of Wyo. Stat. Ann. § 6-2 — 502(a)(iii) (Michie 1997), and two counts of making threatening telephone calls, in violation of Wyo. Stat. Ann. § 6-6-103 (Michie 1997). The trial court denied Brock’s motion without holding a hearing. We hold that in the absence of a hearing, the allegations in Brock’s motion and his affidavit must be taken as true, and those allegations could constitute a fair and just reason for withdrawal of his…