BEFORE ROY NOBLE LEE, ROBERTSON and ANDERSON
ROY NOBLE LEE, PRESIDING JUSTICE, FOR THE COURT:
Larry S. Hentz has appealed to this Court from a judgment of the Circuit Court, Tate County, Mississippi, dismissing his motion to set aside a plea of guilty to the crime of murder less than capital and sentence to serve life in the custody of the Mississippi Department of Corrections. The sole question presented is whether or not the lower court
erred in dismissing appellant's motion and in failing to hold an evidentiary hearing on the motion.
The record consists of the motion to set aside guilty plea, together with the guilty plea and copy of an indictment returned by the Grand Jury of DeSoto County, Mississippi, charging appellant with perjury, both exhibited to the motion, and the order of the Circuit Court of Tate County dismissing the motion.
Appellant entered a plea of guilty on November 18, 1983, to the crime of murder, pursuant to a written plea bargain agreement with Robert L. Williams, Assistant District Attorney. Pertinent parts of the plea bargain agreement provided: 6. In exchange for the pleas of guilty to the charge set forth above, the Defendant agrees to the following: (a) To testify truthfully in the trial of Cecilia Ann Williamson and in any trial of Owen Lee Harden. (b) The Defendant agrees to immediately be debriefed by law enforcement agents concerning his knowledge of the events surrounding the charge against Cecilia Ann Williamson and Owen Lee Harden.
(c) The Defendant agrees to submit to a polygraph examination at a later date to determine the accuracy of the information given law enforcement during the debriefing.
(d) In the event that, with respect to the money seized from the Defendant at the time of his arrest, the polygraph indicates no deception, the money will be returned to his mother.
7. It is further agreed that if the Defendant testifies truthfully in the trial of Cecilia Ann Williamson and/or Owen Lee Harden, the following will occur.
(a) The Grand Larceny charge pending against the Defendant in Lafayette County will be dismissed.
(b) That no new charge will be presented against this Defendant by the District Attorney of the Seventeenth Judicial District and that the District Attorney will close his file against this Defendant.
8. It is further agreed that the State will return to the Defendant all personal belongings of defendant seized at the time of his arrest.
9. In the interim between the pleas of this Defendant to the above charge and the trial of the above named Cecilia Ann Williamson and Owen Lee Harden, the State will do everything within its power to see that the Defendant is incarcerated by the Mississippi Department of Corrections at its Parchman facility and not in any County Jail. 10. It is expressly understood between the parties that if the Defendant does not honor the terms and conditions of this agreement, that the State will consider the agreement null and void. Any breach of this agreement whatsoever by the Defendant will cancel each and every portion of the agreement thereof and the State will be permitted to take any and all actions and/or actions deemed advisable, in the sole discretion of the State. Any release shall be left solely to the Mississippi Department of Corrections.
Appellant contends that he was always willing to testify truthfully in the trial of Cecilia Ann Williamson, but that he was not called by the district attorney to testify in the case; and that, subsequently, he was tried and convicted of receiving stolen property in Lafayette County and was indicted in DeSoto County for the crime of subornation of perjury. He further contends that the State violated the plea agreement by not calling him to testify in ...