Ward v. State

Appellant Charles Augusta Ward was indicted for second degree robbery in violation of § 13A-8-42, Code of Alabama 1975. Ward pleaded guilty to the lesser included offense of third degree robbery. He was sentenced to 42 years' imprisonment. Less than a week later, appellant asked to withdraw his guilty plea. The judge permitted withdrawal of the plea, restored the case to the trial docket, and then recused himself.

The trial resulted in a jury verdict of guilty of second degree robbery. Appellant was then sentenced to a term of life imprisonment under the Habitual Felony Offender Act, §…