Brown v. State

The appellant had originally pleaded not guilty to the charge of possession of marijuana, but subsequently changed his plea to guilty on the advice of his retained counsel. Following a presentence investigation, appellant was sentenced to three years in the state prison whereupon he filed his motion to set aside the judgment and sentence with leave to withdraw his guilty plea. That motion having been denied, the issue on this appeal is whether such denial was an abuse of the trial court’s discretion.

The majority views the factual situation in this case as one which is typical of a defendant…