Evans v. State

Cooper, Judge.

Appellant was indicted for the offenses of rape, statutory rape, and child molestation of a 13-year-old girl. He pled guilty to one count of rape and appeals from the trial court’s denial of his motion to withdraw his guilty plea.

After a jury was impanelled, appellant’s counsel stated for the record that appellant had decided just before trial to accept a negotiated plea of guilt to the rape charge; however, the State was no longer willing to accept the plea since its offer had expired the day before. The prosecutor then gave his opening statement and appellant’s counsel began…