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Lee v. State

The defendant knowingly and voluntarily entered his guilty plea to robbery by force, aggravated assault, theft by taking a motor vehicle, armed robbery, kidnapping and burglary.

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On March 17, 2000, Johnny Scott Lee pled guilty to robbery by force, aggravated assault, theft by taking a motor vehicle, two counts of armed robbery, two counts of kidnapping, and three counts of burglary. The trial court merged several of the offenses into others and imposed various concurrent sentences that amount to a sentence of 12 years in confinement, followed by 8 years on probation. Approximately 11 months after entering his guilty plea, Lee filed a motion to withdraw it, which the trial court denied on February 23, 2001. More than three-and-a-half years after that, on November 30, 2004, Lee filed a motion for an out-of-time appeal, and the trial court granted that motion. Lee now appeals from his guilty plea.

1. Lee complains that his guilty plea was not entered freely and voluntarily because he was not informed, as required by Uniform Superior Court Rule 33.8, that by pleading guilty he would waive his right to assistance of counsel at trial. The complaint is without merit.

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