State v. Deal

State v. Deal, 99 N.C. App. 456, 393 S.E.2d 317 (1990), involved a defendant who had "been diagnosed as learning disabled and . . . read and spelled at a second grade level." State v. Deal, 99 N.C. App. 456, 458, 393 S.E.2d 317, 318 (1990). The Court, in Deal, determined that in light of defendant's low intellectual abilities, there is sufficient credible evidence that he was laboring under a basic misunderstanding of the guilty plea process. The Court therefore found that his plea of guilty was not the result of an informed choice. Although he did not attempt to revoke his plea for over four months, this appears to have resulted from his erroneous expectations and lack of communication with his attorney. Id. at 464, 393 S.E.2d at 321