GARDNER v. WARDEN OF VIRGINIA ST. PENITENTIARY

Record No. 801713.

281 S.E.2d 876 (1981)

William Howard GARDNER, Jr. v. WARDEN OF the VIRGINIA STATE PENITENTIARY.

Supreme Court of Virginia.

September 11, 1981.


Attorney(s) appearing for the Case

Irvin V. Cantor, Richmond (Rilee, Cantor & Arkema, Richmond, on brief), for appellant.

Linwood T. Wells, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.


POFF, Justice.

We must decide whether a guilty plea, induced by a plea bargain, was constitutionally intelligent and voluntary when the bargain was not disclosed to the trial judge before the plea was accepted.

This is an appeal from an order entered in the court below August 12, 1980 denying a petition for a writ of habeas corpus. We review the evidence adduced at a plenary hearing ordered by this Court on a petition invoking our original jurisdiction.

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