State v. Loye

WELLS, Judge.

Defendant contends that his constitutional right to effective assistance of counsel was denied because of the undisclosed conflict of interest existing between defendant and one of his attorneys, Richard Dailey. We agree, and award defendant a new trial.

A defendant is entitled to collaterally attack a judgment entered on his guilty plea, on the grounds that it was not voluntarily and knowingly given. Blackledge v. Allison, 431 U.S. 63, 52 L.Ed. 2d 136, 97 S.Ct. 1621 (1977); G.S. 15A-1420(c); State v. Roberts, 41 N.C. App. 187, 254 S.E. 2d 216 (1979). Where defendant alleges that…