State v. Gaston
State v. Gaston
Opinion of the Court
Defendant has been convicted of robbery and appeals from a post-conviction order denying him relief. The issues are whether his representation by counsel was adequate and whether he should have been permitted to withdraw his plea of guilty because, as he alleges, he was not accorded the benefit of a plea bargain.
We find no merit in defendant’s claim. The record shows that he had competent representation by retained counsel which resulted in his securing a reduced sentence. The prosecutor conducted a painstaking presentence interrogation of defendant in which he was careful to specify the concessions made for the plea of guilty, which did not include immunity from testifying. That claim was not asserted either to the sentencing court or to the postconviction court and was raised for the first time on appeal. The record amply supports the postconviction court’s findings that defendant was adequately represented and that his plea was not induced by any agreement between court and counsel which was not honored in imposing sentence.
Affirmed.
Reference
- Full Case Name
- STATE v. WILLIAM FRANK GASTON
- Status
- Published