Holmes v. State

OWEN, WILLIAM C., Jr., Senior Judge.

Defendant appeals the denial of his timely motion to withdraw his guilty plea. In denying the motion the trial court appropriately described it as “playing legal games with the court.” Nonetheless, the defendant, playing by the state’s rules and with the hand he was dealt, was entitled to withdraw his plea. We reverse.

Defendant was charged with dealing in stolen property, resisting arrest with violence, and two counts of burglary. The state announced its intention to seek habitual offender sanctions. Defendant entered a guilty plea as a result of a…