Spirit Track v. State

MORGAN, Justice.

This is an appeal from a judgment of the Circuit Court for the Sixth Judicial Circuit denying application for post-conviction relief. Appellant contends that the circuit court erred in ruling that his guilty plea was voluntarily and intelligently given and that his constitutional rights had not been violated by the acceptance of said plea by the trial judge. We reverse.

On June 18, 1975, Benjamin Ralph Spirit Track (appellant) was charged with five counts of larceny and one count of third-degree burglary. Following plea negotiations, appellant was arraigned and pled guilty to…