GUTIERREZ v. STATE

8 Div. 768.

348 So.2d 1074 (1977)

Luis Diaz GUTIERREZ v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 29, 1977.


Attorney(s) appearing for the Case

James R. Foley, of Lutz, Fay & Foley, Huntsville, for appellant.

William J. Baxley, Atty. Gen. and Jane LeCroy Robbins, Asst. Atty. Gen., for the State.


SIMMONS, Retired Circuit Judge.

Appellant, in forma pauperis here and below, was indicted separately for robbery and rape. Both indictments were tried jointly by consent on a plea of not guilty. During the progress of the trial, he made known to the court that he wanted to withdraw the two pleas of not guilty and enter pleas of guilty in both cases.

The trial court did not immediately accept the pleas of guilty, but held a colloquy with defendant whereby the...

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