Withdrawal of guilty plea allowed

Thursday, Dec. 23, 2004 | 9:12 a.m.

CARSON CITY -- The Nevada Supreme Court Wednesday ruled that Lorenzo Bledsoe should be allowed to withdraw his guilty plea to robbery in Las Vegas because his attorney was ineffective.

Bledsoe's former lawyer, G. Brent Heggie, testified in District Court at an evidentiary hearing that had the law allowed for an insanity defense at that time, he would have recommended his client enter that plea.

Heggie believed Bledsoe was not mentally competent at the time he committed his crimes, according to court records. But he recommended Bledsoe plead guilty to the reduced charges.

In allowing Bledsoe to withdraw his guilty plea, the court said, "there is no indication in the record on appeal that counsel (Heggie) ever discussed with Bledsoe or pursued the possibility of either pleading guilty but mentally ill pursuant to the former law, or going to trial with a 'diminished capacity defense.' "

"We conclude that counsel's performance in this regard was not objectively reasonable and but for counsel's deficient performance, there existed a reasonable probability that the outcome of Bledsoe's case would have been different."

The court said "The right to the effective assistance of counsel applies 'when deciding whether to accept or reject a plea bargain.' "

Bledsoe in April 2000 pleaded guilty to two counts of robbery with use of a deadly weapon. He was sentenced to two consecutive prison terms of 36-156 months.

The decision said the district attorney's office could reinstate the original charges of four counts of burglary and eight counts of robbery with use of a deadly weapon. Those were lodged in June 1997.

The case returns to District Judge Jackie Glass to permit Bledsoe to withdraw the guilty plea.