Grant v. State

The defendant does not seek to withdraw his pleas of guilty. He does contend he is entitled to have the sentence set aside, have the matter remanded and be resentenced by a different judge without consideration of the information obtained from the pre-sentence investigation report in violation of his agreement with the law enforcement authorities.

An affidavit, prepared by the defendant’s trial counsel (not the state public defender), was submitted in support of the motion. By that affidavit counsel asserted that after the original plea bargain, and after the pleas had been accepted and before…