Ballard v. State

While I agree with substantially all that is said in the majority opinion, I do not think we should direct the vacating of the sentence and the allowance of the withdrawal of the plea. My view is that we should remand the matter with direction that a hearing be held on the motion to withdraw and that the judge, upon a consideration of the evidence submitted, exercise his sound discretion in granting or denying the motion to withdraw.

While a hearing has been held on the matter of what sentence should be meted out and whether it should be probated, none has been held on the motion to withdraw.…