Waldrop v. State

COLQUITT, Circuit Judge. 1

Appellant pled guilty to murder in the second degree after trial had commenced and his punishment was fixed by a jury at twenty years imprisonment.

During the presentation of the State’s evidence, appellant entered into an agreement with the State whereby, on a plea of guilty he would receive a sentence of fifteen years imprisonment. Upon the plea of guilty the matter was submitted to the jury. The jury returned a sentence of twenty years.

In a record entry made by the court, the trial judge wrote:

“Whereupon, now on this 3rd day of October, 1973 and out of the presence…