Busby v. State
Busby v. State
Opinion
The appellant, Michael Durand Busby, pled guilty to manslaughter, a violation of §
The appellant argues that the trial court erroneously denied his motion to withdraw his guilty plea. In his motion, he raised several potentially meritorious claims in which he contended that his trial counsel rendered ineffective assistance and that he did not knowingly, voluntarily, and intelligently enter his guilty plea. He also attached several affidavits in support of his motion. Although the State filed a response to the appellant's motion to withdraw his guilty plea, it did not refute the appellant's specific claims. Furthermore, on the same day the State filed its response, the trial court signed an order summarily denying the motion without making any findings of fact regarding the appellant's claims.
Because the trial court is in the best position to make findings of fact regarding the appellant's claims, we remand this case to that court with instructions that it make specific, written findings of fact as to each claim the appellant raised in his motion to withdraw his guilty plea. See Vinnie v.State,
REMANDED WITH INSTRUCTIONS.*
McMILLAN, P.J., and COBB, SHAW, and WISE, JJ., concur.
Reference
- Full Case Name
- Michael Durand Busby v. State of Alabama.
- Cited By
- 1 case
- Status
- Published