Is it your understanding that he was aware of the maximum penalty under the law for the charge of rape?
"A: I don't think there's much question about that. We talked about a life situation."
*1003 In Trotter, the record demonstrated that defense counsel had informed the defendant of the possible penalty and consequences of his plea. We concluded that counsel's advice together with the court's advice established that the defendant knowingly and intelligently entered his plea. 218 Kan. at 269-70. Although Morris testified at the hearing to withdraw his plea that he did not know what the maximum penalty was at the time he pled guilty, there is evidence in the record to support the trial court's finding that the defendant was informed of the maximum penalty.
The defendant nexttwo years later, the defendant filed his motion to withdraw his plea. At the hearing on that motion, the defendant's wife testified that he was "kind of incoherent" just before the *1004 plea hearing and that he spent most of his time sleeping for the first three days after the hearing. Morris testified at the hearing on his motion to withdraw his plea that he had taken an "overdose" of medication the night before the plea hearing. He added that he barely remembered the plea hearing and was not mentally capable of entering a plea at that time. He also testified that he had attempted suicide several times over the last 15 years and that he had received inpatient treatment for emotional problems several times over the past