People v. Hampton

In two separate cases, the defendant Hampton filed Crim. P. 35(b) motions which were denied without a hearing. The denial of post-conviction relief and of an evidentiary hearing precipitated an appeal in both cases. We reverse and remand for an evidentiary hearing in accordance with the standards which are enunciated in this opinion.

The validity of a guilty plea is again the issue on appeal. We are faced with the perennial problem of searching a stale record to review a providency hearing which occurred long ago to determine whether an accused was afforded every right guaranteed by the…