McWherter v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for aggravated robbery, wherein the jury assessed the punishment at fifty (50) years’ confinement in the Department of Corrections.

Initially, appellant contends the court reversibly erred in denying his request to change his plea from “guilty” to “not guilty” made before the retirement of the jury. We agree and reverse.

The record reflects that the appellant entered a plea of guilty before a jury on March 8, 1977. 1 After the State rested its case and prior to the time the charge was read to the jury and prior to the jury’s…