Macke Clark v. State

PER CURIAM. Appellant was indicted February 11, 1977, by a grand jury of Houston County, Alabama, on a charge of robbery. He was arraigned February 22, 1977 in open court, and in the presence of his attorney, entered a plea of not guilty. His case was set for trial at the March 9, 1977, term. March 9, 1977, the case came on to be tried but was continued at the request of the defendant. April 14, 1977, the case came on for trial at which time the defendant appeared in open court with his attorney. The defendant through his attorney requested the court to allow him to withdraw his plea of not guilty and enter a plea of guilty. The court questioned the defendant concerning the changing of his plea to guilty and asked the defendant if he understood what he was doing. He answered he did. Before accepting the plea of guilty the court at length explained to the defendant his legal rights and the effect of his plea of guilty. The defendant acknowledged he understood his legal rights and the effect of the pleas of guilty and not guilty. The court then asked counsel for the defendant, in his presence, if in his opinion, the defendant pled guilty voluntarily, intelligently and knowing what he was doing, to which counsel responded, yes sir. The court then announced it would accept the plea of guilty. After the court explained the indictment, the charge and the punishment to the defendant, the defendant was asked, are you guilty or not guilty of robbery, as charged in the indictment? The defendant answered no sir. A jury was then empaneled and a recess declared.