Carolina, argued the cause for petitioners. With him on the briefs was Rufus L. Edmisten, Attorney General.

C. Frank Goldsmith, Jr., by appointment of the Court, 429 U. S. 957, argued the cause and filed a brief for respondent.

MR. JUSTICE STEWART delivered the opinion of the Court. The respondent, Gary Darrell Allison, an inmate of a North Carolina penitentiary, petitioned a Federal District Court for a writ of habeas corpus. The court dismissed his petition without a hearing, and the Court of Appeals reversed, ruling that in the circumstances of this case summary dismissal was improper. We granted certiorari to review the judgment of the Court of Appeals.

I

Allison was indicted by a North Carolina grand jury for breaking and entering, attempted safe robbery, and possession of burglary tools. At his arraignment, where he was represented by court-appointed counsel, he initially pleaded not guilty. But after learning that his codefendant planned to plead guilty, he entered a guilty plea to a single count of attempted safe robbery, for which the minimum prison sentence was 10 years and the maximum was life. N. C. Gen. Stat. § 14-89.1 (1969).

In accord with the procedure for taking guilty pleas then in effect in North Carolina, the judge in open court read from a printed form 13 questions, generally concerning the defendant's understanding of the charge, its consequences, and the voluntariness of his plea. Allison answered "yes" or "no" to each question, and the court clerk transcribed those responses on a copy of the form, which Allison signed. So far as the record shows, there was no questioning beyond this routine; no inquiry was made of either defense counsel or prosecutor. Two questions from the form are of particular relevance to the issues before us: Question No. 8-"Do you

understand that upon your plea of guilty you could be imprisoned for as much as minimum [sic] of 10 years to life?" to which Allison answered "Yes"; and Question No. 11-"Has the Solicitor, or your lawyer, or any policeman, law officer or anyone else made any promises or threat to you to influence you to plead guilty in this case?" to which Allison answered "No."

The trial judge then accepted the plea by signing his name at the bottom of the form under a text entitled "Adjudication," which recited the three charges for which Allison had been indicted, that he had been fully advised of his rights, was in fact guilty, and pleaded guilty to attempted safe robbery "freely, understandingly and voluntarily," with full awareness of the consequences, and "without undue . . . compulsion . . duress, [or] promise of leniency.' Three days later, at a

"1

1 The only record of the proceeding consists, therefore, of the executed form, which reads, in its entirety (Pet. for Cert. 10-13), as follows:

"State of North Carolina

"County of Alamance

"State of North Carolina "vs.

"Gary Darrell Allison

"File #71CrS 15073
"Film #.

"In the General Court of Justice
"Superior Court Division

"TRANSCRIPT OF PLEA

"The Defendant, being first duly sworn, makes the following answers to the questions asked by the Presiding Judge:

"1. Are you able to hear and understand my statements and questions?

Answer: Yes

"2. Are you now under the influence of any alcohol, drugs, narcotics, medicines, or other pills?

Answer: No

"3. Do you understand that you are charged with the felony of Attempted Safe Cracking? Answer: Yes

"4. Has the charge been explained to you, and are you ready for trial? Answer[:] Yes "5. Do you understand that you have the right to plead not guilty and to be tried by a Jury? Answer: Yes

[Footnote 1 is continued on p. 67]

sentencing hearing, of which there is no record whatsoever, Allison was sentenced to 17-21 years in prison.

After unsuccessfully exhausting a state collateral remedy,

"6. How do you plead to the charge of Attempted Safe CrackingGuilty, not Guilty, or nolo contendere? Answer: Guilty

"7. (a) Are you in fact guilty? (Omit if plea is nolo contendere) Answer: Yes

(b) (If applicable) Have you had explained to you and do you understand the meaning of a plea of nolo contendere? Answer: .... "8. Do you understand that upon your plea of guilty you could be imprisoned for as much as minimum of 10 years to life?

Answer: Yes

"9. Have you had time to subpoena witnesses wanted by you?

Answer: Yes

"10. Have you had time to talk and confer with and have you conferred with your lawyer about this case, and are you satisfied with his services? Answer: Yes "11. Has the Solicitor, or your lawyer, or any policeman, law officer or anyone else made any promises or threat to you to influence you to plead guilty in this case? Answer: No "12. Do you now freely, understandingly and voluntarily authorize and instruct your lawyer to enter on your behalf a plea of guilty? Answer: Yes "13. Do you have any questions or any statement to make about what I have just said to you? Answer: No

"I have read or heard read all of the above questions and answers and understand them, and the answers shown are the ones I gave in open Court, and they are true and correct.

"Gary Darrell Allison
"Defendant

"Sworn to and subscribed before me this 24th day of January, 1972. "AOC-L Form 158 "Rev. 10/69

"Catherine Sykes, Ass't. "Clerk Superior Court

"ADJUDICATION

"The undersigned Presiding Judge hereby finds and adjudges: "I. That the defendant, Gary Darrell Allison, was sworn in open Court and the questions were asked him as set forth in the Transcript of Plea by the undersigned Judge, and the answers given thereto by said defendant are as set forth therein.

"II. That this defendant, was represented by attorney, M. Glenn

Allison filed a pro se petition in a Federal District Court seeking a writ of habeas corpus. The petition alleged:

"[H]is guilty plea was induced by an unkept promise, and therefore was not the free and willing choice of the petitioner, and should be set aside by this Court. An unkept bargain which has induced a guilty plea is grounds for relief. Santobello v. New York, 404 U. S. 257, 267 (1971)." Pet. for Cert. 14.

The petition went on to explain and support this allegation as follows:

"The petitioner was led to believe and did believe, by Mr. Pickard [Allison's attorney], that he Mr. N. Glenn

Pickard, who was (court appointed); and the defendant through his attorney, in open Court, plead [sic] (guilty) to Attempted Safe Cracking as charged in the (warrant) (bill of indictment), of Breaking & Entering, Safe Burglary & Possession of Burglary Tools and in open Court, under oath further informs the Court that:

"1. He is and has been fully advised of his rights and the charges against him;

"2. He is and has been fully advised of the maximum punishment for said offense(s) charged, and for the offense (s) to which he pleads guilty;

"3. He is guilty of the offense (s) to which he pleads guilty;

"4. He authorizes his attorney to enter a plea of guilty to said charge(s);

"5. He has had ample time to confer with his attorney, and to subpoena witnesses desired by him;

"6. He is ready for trial;

"7. He is satisfied with the counsel and services of his attorney; "And after further examination by the Court, the Court ascertains, determines and adjudges, that the plea of guilty, by the defendant is freely, understandingly and voluntarily made, without undue influence, compulsion or duress, and without promise of leniency. It is, therefore, ORDERED that his plea of guilty be entered in the record, and that the Transcript of Plea and Adjudication be filed and recorded.

"This 24th day of January, 1972.

"Marvin Blount Jr. "Judge Presiding"

Pickard had talked the case over with the Solicitor and the Judge, and that if the petitioner would plea[d] guilty, that he would only get a 10 year sentence of penal servitude. This conversation, where the petitioner was assured that if he plea [ded] guilty, he would only get ten years was witnessed by another party other than the petitioner and counsel.

"The petitioner believing that he was only going to get a ten year active sentence, allowed himself to be pled guilty to the charge of attempted safe robbery, and was shocked by the Court with a 17-21 year sentence.

"The petitioner was promised by his Attorney, who had consulted presumably with the Judge and Solicitor, that he was only going to get a ten year sentence, and therefore because of this unkept bargain, he is entitled to relief in this Court.

"The petitioner is aware of the fact that he was questioned by the trial Judge prior to sentencing, but as he thought he was only going to get ten years, and had been instructed to answer the questions, so that the Court would accept the guilty plea, this fact does not preclude him from raising this matter especially since he was not given the promised sentence by the Court.

. The fact that the Judge, said that he could get more, did not affect, the belief of the petitioner, that he was only going to get a ten year sentence."

The petitioner here, Warden Blackledge, filed a motion to dismiss and attached to it the "transcript" of the plea hearing, consisting of nothing more than the printed form filled in by the clerk and signed by Allison and the state-court judge. The motion contended that the form conclusively showed that