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Douglas v. State

The trial court improperly denied the defendant's motion to withdraw his guilty plea because the defendant did not have counsel for the motion.

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Troy Douglas appeals the denial of his motion to withdraw his guilty plea to possession of cocaine with intent to distribute. Because, as the state concedes, the record does not reflect that Douglas knowingly waived his right to counsel during the plea withdrawal proceedings, we reverse the order denying his motion and remand the case for further proceedings.

Douglaswas represented by counsel when he entered his guilty plea. Twenty-four days later, he filed a pro se motion to withdraw his guilty plea, asserting that he had received ineffective assistance of counsel. Without addressing the merits of Douglas’s motion, the trial court denied the motion on the ground that Douglas—who was proceeding pro se and was presumably incarcerated at the time—failed to appear at the hearing. Douglas appealed.

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