Collins v. State

CHIPMAN, Judge.

Donald Collins appeals from the denial of his Petition for Post Conviction Relief by which he sought to withdraw his plea of guilty to second degree burglary. We think Collins’ plea was not knowingly, intelligently and voluntarily entered because of the court’s failure to comply with Ind.Code 35-4.1-1-3 1 and Ind.Code 35 — 4.1-1—4 2 and reverse.

On September 16, 1976, Collins appeared in court, withdrew his previous not guilty plea, and entered a plea of guilty to the charge of second degree burglary. At that time, the court informed Collins of various constitutional rights.…