State ex rel. Santiago v. Henderson

BARHAM, J.,

is of the opinion the writ must be granted. Minutes fail to reflect a knowing and voluntary plea. At the evi-dentiary hearing defendant testified no one including his lawyer informed him of his constitutional rights waived by a plea. Only his court appointed lawyer testified. Neither the judge nor the assistant district attorney testified. The lawyer had no independent knowledge of the plea. His testimony of “usual” procedures is deficient.