State of Tennessee v. Cleotris Ruben

The Defendant, Cleotris Ruben, entered guilty pleas pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to one count of theft of property valued more than $1,000 but less than $2,500, a Class E felony, and one count of theft of property valued $1,000 or less, a Class A misdemeanor. After entry of the pleas but prior to sentencing, the Defendant discovered that, contrary to what he had been told by the two attorneys representing him, he was not eligible for judicial diversion. The Defendant moved to withdraw his guilty pleas, and the trial court denied the motion. On appeal, this court concluded that counsel had a conflict of interest and reversed the decision, remanding for appointment of new counsel. The trial court appointed new counsel, held a hearing, and again denied the Defendant’s motion to withdraw his pleas, and the Defendant appeals. We conclude that the trial court abused its discretion in denying the motion, and we reverse and remand the case for entry of an order permitting withdrawal of the pleas and for further proceedings.