People v. Gray

The defendant, Carl Randall Gray, was originally charged with rape.1 He offered a plea of guilty to an added count of assault with intent to commit rape.2 His plea was accepted and on February 26, 1968, he was sentenced to serve a term of three to ten years.

*303Two months later, through a newly retained lawyer, he filed a motion for a new trial which was treated as a motion to withdraw his guilty plea. The motion alleges that defendant’s trial lawyer promised that if he pled guilty he would be placed on probation.

On August 2, 1968, a testimonial hearing was held. At the judge’s request the trial…