Smith v. State

WARNER, Judge.

Appellant, Lucius Bernard Smith, filed a post-conviction relief motion to vacate a guilty plea to a charge of first degree murder. The trial court held an evidentia-ry hearing, after which the motion was denied. We reverse.

Appellant asserts that he was led to believe that by pleading guilty to the first degree murder charge he would receive a sentence of twenty-five years with the possibility of parole in approximately seven years. The transcript of the plea hearing reveals that the trial court’s understanding of the plea agreement to the first degree murder charge was that “the…