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Banhi v. State

The trial court's failure to hold a hearing before denying defendant's pro se motion to withdraw his guilty plea prevented the Court from making a determination as to whether the trial court properly exercised its discretion.

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Roger Banhi, pro se, appeals from the trial court’s denial of his pro se motion to withdraw his guilty plea, asserting numerous errors. Because the trial court failed to hold a hearing on the motion to withdraw, we must vacate the trial court’s order and remand this case.

The record shows that on January 21, 1998, Banhi entered a negotiated plea of guilty to first degree forgery count one and giving a false name to a police officer count four. In return for his guilty pleas, the State dismissed two other charges against him: first degree forgery count two and second degree forgery count three. The trial court accepted the State’s recommended sentence of five years probation on count one and 12 months probation on count four, running concurrent to the sentence on count one. Banhi was represented by counsel during the guilty plea hearing.

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