LEHMKUHLE v. State

KELLY, Judge.

John Lehmkuhle appeals his judgment and sentence for grand theft. He argues that the trial court erred in denying his motion to withdraw his guilty plea without giving him an opportunity to be heard on the motion. We agree and reverse.

Lehmkuhle entered a guilty plea to grand theft. He had traded a generator stored on his property for a forklift. The party who obtained the generator did not realize Lehmkuhle did not own it, and he sold it. When the owners of the generator realized it was gone and could not be recovered, they reported the theft to the police. Lehmkuhle was arrested…